alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals **San Antonio, Texas**

MEMORANDUM OPINION

N o. 04

- 22

- 00084

- CR

Julian BAZAN
, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court
, Bexar County, Texas Trial Court No. 2019CR1157 Honorable Frank J. Castro , Judge Presiding

PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela , Justice

Delivered and Filed: March 16, 2022

DIS MISSED FOR LACK OF JURISDICTION
The trial court imposed sentence on October 17, 2019. Because appellant did not file a

motion for new trial, the noti ce of appeal was due to be filed on November 18, 2019. T EX

. R. A PP

.

P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on December 2,

2019. T EX

. R. A PP

. P . 26.3. Appellant did not file his notice of appeal until February 9, 2022.
“A timely notice of appeal is necessary to invoke the jurisdiction of this Court.” Taylor v.

State , 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if
filed within thirty days after the day sentence is impo sed or suspended, or within ninety days after04

- 22

- 00084

- CR

- 2

- sentencing if the defendant timely files a motion for new trial.” Id. (citing T EX

. R. A PP

. P.
26.2(a)(1)). Because appellant did not timely file a notice of appeal, it appear ed we lack ed
jurisdiction over thi s appeal. Therefore, on February 28, 20 22, we ordered appellant to show cause
why this appeal should not be dismissed for lack of jurisdiction.

On March 3, 2022, appellant’s appointed appellate counsel filed a response stating he could

not show cause why t h is appeal should not be dismissed for lack of jurisdiction. Therefore, we

d ismiss this appeal for lack of jurisdiction.

PER CURIAM
Do not publish
#### In the Matter of the Arbitration between Louis Genuth, as Secretary-Treasurer of Local 50, Bakery and Confectionery Workers’ International Union, AFL-CIO, Petitioner, and S. B. Thomas, Inc., Respondent.

Supreme Court, Special Term, New York County,

January 10, 1957.

*O’Dwyer <& Bernstein*for petitioner.

*Ghadbourne, O’Neill & Thomson*for respondent.

Samuel H. Hoestadter, J.

The parties to a collective bargaining agreement submitted to arbitration their dispute concerning the correct application of the provisions of the agreement for overtime and invasion of rest period pay under the “ anti-pyramiding ” clause of the agreement. The application of this clause to the illustrative situation assumed for the purpose of the arbitration was for the determination of the arbitrator. The anti-pyramiding clause is not so clear that the interpretation placed on it by the arbitrator does violence to its language and thereby becomes a forbidden alteration or amendment of the collective agreement itself. The view taken by the arbitrator was certainly a permissible one and, therefore, within his competence. The illustration assumed the commencement of a rest period at the end of a day on which an employee had worked overtime and his return to work at his regular starting time on the day after his intervening day of rest; the 36 hours of prescribed rest were thus reduced by the overtime worked before the rest period began. The issue before the arbitrator was whether the rest period was curtailed by the *654overtime work before the rest period began or by the return before the expiration of the full 36 hours of rest. The employer contended for the former interpretation by which the anti-pyramiding clause would have come into play. The union urged the second alternative, with consequent elimination of the impact of the anti-pyramiding clause and increased pay for the worker. The arbitrator adopted the latter view. The choice lay with the arbitrator to whom the parties referred their controversy. They are concluded by his award. The motion to vacate the award is accordingly denied and the cross motion to confirm the award is granted.

Settle order.
Exhibit 35.1

Annual Servicer Compliance Certificate

pursuant to

Section 3.9 of the Sale and Servicing Agreement

and

Item 1123 of
Regulation AB





USAA AUTO OWNER TRUST 2015-1





The undersigned, a duly authorized officer of USAA
Federal Savings Bank, as servicer (in such capacity, the Servicer) under the Sale and Servicing Agreement, dated as of July 29, 2015 (as amended and supplemented, or otherwise modified and in effect from time to time, the
Sale and Servicing Agreement), by and among USAA Auto Owner Trust 2015-1, USAA Acceptance, LLC, the Servicer and U.S. Bank National Association, as Indenture Trustee, does hereby certify
that:



| | 1. | A review of the activities of the Servicer during the period from January 1, 2017 through December 31, 2017, and of its performance under the Sale and Servicing Agreement was conducted under my supervision.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations in all material respects under the Sale and Servicing Agreement throughout such period.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



---

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate on behalf of the Servicer this 28th day of March, 2018.



/s/ Thomas CianelliName: Thomas CianelliTitle: Senior Vice President, Treasurer
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

April 7, 2006

Mr. Stephen D. Howen

Figari & Davenport, L.L.P.

901 Main Street, Suite 3400, LB 125

Dallas, TX 75202-3796

Mr. Alan Clifton Gordon

Huseman & Pletcher, P.C.

600 Leopard, Suite 2100

Corpus Christi, TX 78473

RE:Case Number:  04-0477

Court of Appeals Number:  13-02-00554-CV

Trial Court Number:  01-60484-4

Style:MINNESOTA LIFE INSURANCE COMPANY

v.

ELIA L. VASQUEZ

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed opinion and judgment in the above-referenced cause.  

Sincerely,

Andrew Weber, Clerk

by Gena Pelham, Deputy Clerk

Enclosures

**Case No. 04-0477Page 1**
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JUNE 27, 2013

NO. 03-12-00661-CV

Noel D. Ischy, Appellant

v.

M.P. McCammon; McCammon Oil & Gas, Inc.; Nosivad Oil, Inc.; Van Davison; 

Dawn Davison; Tejon Exploration; Doralex Energy, Inc.; Mansefeldt Investment Corp.; 

Fred Harendt; Debbie Harendt; Leffel’s Inc.; William R. Guffey; Jimmy Davison; 

Annette Davison; Topaz Exploration Company; Phillip W. Davison; Becky Davison; 

Tonopah Energy, L.L.C.; O.H.B., Inc.; Eileen Pratt; Dustin Pratt, J.W. King; and 

George Alexander, Appellees

APPEAL FROM 119TH DISTRICT COURT OF CONCHO COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES GOODWIN AND FIELD

DISMISSED ON AGREED MOTION -- OPINION BY JUSTICE FIELD

THIS DAY came on to be submitted to this Court the parties’ agreed motion to dismiss the 

appeal in the above cause, and the Court having fully considered said motion, and being of the 

opinion that same should be granted: IT IS THEREFORE considered, adjudged and ordered 

that said motion is granted, and that the appeal is dismissed. It is FURTHER ordered that each 

party shall pay the costs of appeal incurred by that party, both in this Court and the court below; 

and that this decision be certified below for observance.
I 

113TH CONGRESS 

1ST SESSION H. R. 2763 

To reauthorize appropriations for the National Women’s Rights History 

Project Act. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2013 

Ms. SLAUGHTER (for herself, Mr. REED, Mr. MAFFEI, and Mr. HANNA) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To reauthorize appropriations for the National Women’s 

Rights History Project Act. 

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

3 SECTION 1. REAUTHORIZATION OF APPROPRIATIONS. 

4 (a) VOTES FOR WOMEN’S TRAIL.—Section 1602 of 

5 Title XVI of Public Law 96–607 (16 U.S.C. 410 ll–1) is 

6 amended in subsection (f)(2) by striking ‘‘2013’’ and in7 serting ‘‘2018’’. 

8 (b) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT

9 REGISTRY AND THE NATIONAL WOMEN’S RIGHTS HIS10 TORY PROJECT PARTNERSHIP NETWORK.—Section 7111 


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2 

•HR 2763 IH

1 of the Omnibus Public Land Management Act of 2009 

2 (Public Law 111–11) is amended— 

3 (1) in subsection (b)(5) by striking ‘‘2013’’ and 

4 inserting ‘‘2018’’; and 

5 (2) in subsection (c)(4) by striking ‘‘2013’’ and 

6 inserting ‘‘2018’’. 

Æ 


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II 

Calendar No. 193 

113TH CONGRESS 

1ST SESSION H. R. 2775 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2013 

Received 

SEPTEMBER 17, 2013 

Read the first time 

SEPTEMBER 18, 2013 

Read the second time and placed on the calendar 

AN ACT 

To condition the provision of premium and cost-sharing subsidies under the Patient Protection and Affordable Care 

Act upon a certification that a program to verify household income and other qualifications for such subsidies 

is operational, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Subsidies Without 

5 Verification Act’’. 


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2 

HR 2775 PCS 

1 SEC. 2. CONDITIONING PROVISION OF ACA PREMIUM AND 

2 COST-SHARING SUBSIDIES UPON CERTIFI3 CATION THAT A PROGRAM TO VERIFY 

4 HOUSEHOLD INCOME AND OTHER QUALI5 FICATIONS FOR THOSE SUBSIDIES IS OPER6 ATIONAL. 

7 Notwithstanding any other provision of law, no pre8 mium tax credits shall be allowed under section 36B of 

9 the Internal Revenue Code of 1986 and no reductions in 

10 cost-sharing shall be allowed under section 1402 of the 

11 Patient Protection and Affordable Care Act (42 U.S.C. 

12 18071) before the date that the Inspector General of the 

13 Department of Health and Human Services certifies to the 

14 Congress that there is in place a program that successfully 

15 and consistently verifies, consistent with section 1411 of 

16 such Act (42 U.S.C. 18081), the household income and 

17 coverage requirements of individuals applying for such 

18 credits and cost-sharing reductions prior to making the 

19 benefits available. 

Passed the House of Representatives September 12, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 193 

113TH CONGRESS 

1ST SESSION H. R. 2775 

AN ACT 

To condition the provision of premium and costand for other purposes. qualifications for such subsidies is operational, a program to verify household income and other and Affordable Care Act upon a certification that sharing subsidies under the Patient Protection 

SEPTEMBER 18, 2013 

Read the second time and placed on the calendar 


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1 Ngo, Dan (FAA)

From: Ngo, Dan (FAA) Sent: Wednesday, December 02, 2015 5:12 PM To: 'paddler0@icloud.com' Subject: Request for Information - FAA-2015-3357

Dear Mr. Spencer:

This letter is to inform you that the following information is missing from your petition (Docket No. FAA2015-3357). This information is necessary for the Fe deral 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, S ection 1. If you wish for us to proceed without this manual and remove closed-set filming from your proposed operat ion 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 . Once your information has been submitted, please also send a copy of the requested information (and any proprietary information), as well as your comment tracki ng number from regulations.gov via e-mail to 333exemptions@faa.gov . If you want us to process your request a ny further, we must receive the information described above by 12/16/2015. 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) 267-4264.

Dan Ngo Office of Rulemaking, Aircraft and Airport Rules Division Federal Aviation Administration 202.267.4264
Exhibit 32.1

The undersigned officer of The Stride Rite Corporation (the "Company") hereby
certifies that the Company's quarterly report on Form 10-Q for the quarterly
period ended March 3, 2006 (the "Report"), as filed with the Securities and
Exchange Commission of the date hereof, fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934,
as amended, and that the information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company. This certification is provided solely pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and
shall not be deemed to be a part of the Report or "filed" for any purpose
whatsoever.



Date: April 12, 2006                Name:       /s/ David M. Chamberlain
      --------------                      ------------------------------------
                                    Title:      Chairman and CEO
                                           -----------------------------------
Exhibit 32

                           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 Elizabeth Arden, Inc. (the
"Company") on Form 10-Q for the period ending October 25, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
E. Scott Beattie, Chairman and Chief Executive Officer of the Company, and I,
Stephen J. Smith, Executive Vice President and Chief Financial 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 to the best of our
knowledge:

     (i) The Report fully complies with the requirements of section 13(a) or
15(d) 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 the
Company.

Date:  December 8, 2003                 /s/ E. Scott Beattie
       ----------------                 --------------------
                                        E. Scott Beattie
                                        Chairman and Chief Executive Officer



                                        /s/ Stephen J. Smith
                                        --------------------
                                        Stephen J. Smith
                                        Executive Vice President and
                                         Chief Financial Officer


A signed original of this written statement required by Section 906 has been
provided to Elizabeth Arden, Inc. and will be retained by Elizabeth Arden,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
## United States Court of Appeals **For the Eighth Circuit**

___________________________
No. 20

- 1200

___________________________
United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Cortez Lamar Kellum

lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines

____________
Submitted: June 9, 2020

Filed: June 12, 2020 [Unpublished]

____________ Before ERICKSON, WOLLMAN , and STRAS, Circuit Judges.

____________

PER CURIAM.

Cortez Kellum appeals a below

- Guidelines

- range sentence of 6 months in prison for violating the conditions of supervised release. He challenges the substantive reasonableness of the sentence, and h is attorney seeks permission to
withdraw.- 2

- We conclude that Kellum’s sentence is substantively reasonable. See United
States v. Miller , 557 F.3d 910, 917 (8th Cir. 2009) (reviewing the reasonableness of a revocation sentence for an abuse of discretion). The record establishes that the
district court 1 sufficiently considered the statutory sentencing factors, 18 U.S.C. §§ 3553(a), 3583(e)(3), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Larison , 432 F.3d 921, 923

– 24 (8th Cir. 2006). Accordingly, we affirm the judgment and grant counsel permission to
withdraw.

______________________________

1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-37,839 and 839A] 

                    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a Notice of Certification Regarding Eligibility to Apply for Worker Adjustment Assistance on August 18, 2000, applicable to workers of Congoleum Corp., Trainer, Pennsylvania. The notice was published in the                     **Federal Register**                     on September 12, 2000 (65 FR 55050).                

At the request of the petitioners, the Department reviewed the certification for workers of the subject firm. Information shows that worker separations occurred at the Plant #1, Mercerville, New Jersey location of Congoleum Corp. The workers are engaged in the production of vinyl flooring and examine, cut pack and ship flooring for all Congoleum's production facilities, including Trainer, Pennsylvania.

Accordingly, the Department is amending the certification to include workers of Congoleum Corp., Plant #1, Mercerville, New Jersey.

The intent of the Department's certification is to include all workers of Congoleum Corp. who are adversely affected by increased imports.

The amended notice applicable to TA-W-37,839 is hereby issued as follows:

“All workers of Congoleum Corp., Trainer, Pennsylvania (TA-W-37,839) and Plant #1, Mercerville, New Jersey (TA-W-37,839A) who became totally or partially separated from employment on or after June 15, 1999 through August 18, 2002 are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974.”

Signed at Washington, D.C. this 4th day of October, 2000.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. 00-26725 Filed 10-17-00; 8:45 am]

BILLING CODE 4510-30-M
Exhibit 32.2



CERTIFICATION PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Dennis OBrien, director and Secretary and Principal Accounting Officer of Superior Silver Mines, Inc. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Quarterly Report on Form 10-Q of the Company for the period ended June 30, 2008, as filed with the Securities and Exchange Commission (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.

Date:  November 12, 2008



By    /s/ Dennis OBrien



Dennis OBrien, Secretary and Principal Accounting Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-Q FOR THE QUARTERLY PERIOD ENDED MARCH 31, 1999, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                              17
<SECURITIES>                                         0
<RECEIVABLES>                                      376
<ALLOWANCES>                                         0
<INVENTORY>                                        409
<CURRENT-ASSETS>                                   870
<PP&E>                                             525
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    1820
<CURRENT-LIABILITIES>                              565
<BONDS>                                            215
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            38
<OTHER-SE>                                         533
<TOTAL-LIABILITY-AND-EQUITY>                      1820
<SALES>                                            504
<TOTAL-REVENUES>                                   504
<CGS>                                              327
<TOTAL-COSTS>                                      413
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   9
<INCOME-PRETAX>                                     85
<INCOME-TAX>                                        29
<INCOME-CONTINUING>                                 56
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        56
<EPS-PRIMARY>                                     1.04
<EPS-DILUTED>                                     1.02
        

</TABLE>
Case 5:20-cv-00577-OLG Document 41 Filed 11/05/20 Page 1 of 2
Case 5:20-cv-00577-OLG Document 41 Filed 11/05/20 Page 2 of 2
#### STATE v. NORTHERN PACIFIC RAILWAY COMPANY.2

June 30, 1911.

Nos. 17,124—(11).

Case followed.

Action in the district court for Ramsey county to restrain defendant from conducting the business of a public warehouseman. The case was tried before Orr, J., who made findings and as conclusion of law ordered judgment in favor of defendant. 'From the judgment entered pursuant to the order, plaintiff appealed.

Affirmed.

*533*George T. Simpson,*Attorney General, *Lyndon A. Smith,*Assistant Attorney General, and *Cohb*cG *Wheehoright,*for the State.

*M. L. Countryman,*for respondent.

2

 Reported in 131 N. W. 1078.

Per Curiam.

This ease is controlled by the decision in State v. Minneapolis & St. Louis Railroad Company, supra, page 116, 131 N. W. 1075.

Affirmed.