alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ERVIN v. STATE.

No. 24919.

Court of Criminal Appeals of Texas.

June 7, 1950.

None on appeal for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

The offense is the unlawful possession of whisky for the purpose of sale in a dry area, with the punishment assessed at a fine of $750.

The record is before us without a statement of facts or bills of exception. Nothing is presented for review.

The judgment of the trial court is affirmed.

Opinion approved by the court
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 11065 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
MIGUEL ANGEL GARCIA

- MARTINEZ , also known as Heraclio Garcia Martinez,

Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:13

- CR

- 70

- 1

Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Miguel Angel Garcia

- Martinez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States

v. Flores , 632 F.3d 229 (5th Cir. 2011). Garcia

- Martinez h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 17, 2014 Lyle W. Cayce Clerk Case: 13-11065 Document: 00512666544 Page: 1 Date Filed: 06/17/2014No. 13

- 11065
record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous i ssue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-11065 Document: 00512666544 Page: 2 Date Filed: 06/17/2014
* Pursuant to 5 T H C IR

. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-31283 Summary Calendar

SCOTT FALLO; KASEY FALLO,

Plaintiffs-Appellants,

versus

PICCADILLY CAFETERIAS, INC.; ET AL.,

Defendants,

PICCADILLY CAFETERIAS, INC.,

Defendant-Appellee.

-------------------- Appeal from the United States District Court
for the Eastern District of Louisiana

(94-CV-907-M)

-------------------- May 1, 2002

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM: *

Plaintiffs-Appellants Scott and Kasey Fallo appeal the

district court’s order denying their motion for attorney’s fees and

costs incurred in the instant Employment Retirement Income Security

Act (ERISA) suit. The Fallos argue that the district court abused

its discretion in denying the motion.2

The district court, by adopting the magistrate judge’s report

and recommendation, deter mined that an award was unwarranted

because, although Piccadilly had the ability to satisfy such an

award, there was no indication that Piccadilly had acted in bad

faith, that an award in the instant case would have a d eterrent

effect, and that the instant suit would benefit all participants of

an ERISA plan or would resolve a significant ERISA question. The

district court also reasoned that Piccadilly’s legal position was

not so disproportionately meritless as to justify an award. After

reviewing the record and the briefs of the parties, we cannot say

that these findings are clearly erroneous or that they represent an

abuse of discretion. S ee Ramsey v. Colonial Life Ins. Co. of

America

, 12 F.3d 472, 480 (5th Cir. 1994). Accordingly, the

district court’s order denying th e Fallos’ motion for attorney’s

fees and costs is AFFIRMED. S ee id. ; Harms v. Cavenham Forest

Industries, Inc. , 984 F.2d 686, 694 (5th Cir. 1993).

AFFIRMED.
#### Riley, Appellant, *v.*Pennsylvania Railroad Company.

*291November 15, 1939:

Argued October 25, 1939.

Before Keller, P. J., Cunningham, Baldrige, Stadtfeld, Parker, Rhodes and Hirt, JJ.

*Mitchell MacCartney,*of' *MacCartney & Mullen,*for appellant.

*Robert F. Hare,*with him *Thomas G. Hare,*and *John J. Haberstroh,*for appellee.,

Per Curiam,

This case is ruled against tbe appellant by tbe decisions of this court in *Sigler v. Pittsburgh & Lake Erie*
      *292
      *Railroad,*127 Pa. Superior Ct. 458, 461, 193 A. 362, and *Mason v. Reading Company,*129 Pa. Superior Ct. 289, 195 A. 754, in which Judge Parker reviewed the relevant governing decisions of the United States Supreme Court.

The evidencé in the record supports a finding that the claimant, at the time of his injury, was employed by the Pennsylvania Railroad Company as a car inspector in its eastbound receiving yard at Altoona; his duty was to inspect cars arriving there, preparatory to their classification in the yard and their assembly into new trains made up of cars going to the same destinations, for the purpose of seeing if they were in condition to continue their journey; that cars traveling in interstate and intrastate transportation, indiscriminately mixed in arriving trains, were inspected by him as they came into the yard in the average proportion of five interstate to one intrastate car.

His duties, therefore, were not separable between interstate and intrastate transportation. The inspection was deemed necessary for the safety of *all*cars and *all*trains, passenger and freight, moving over the *defendant’s railroad,*which might be injured by transporting a defective car, and, under the foregoing decisions, the interstate character of the work predominated, and the burden of showing that he was not actually engaged in interstate transportation at the time he received his injury rested on the claimant.

The Workmen’s Compensation Board held that he had not met this burden, and refused his claim for compensation. The evidence supported the board’s findings of fact, and the legal conclusion properly followed the findings.

The judgment is affirmed.
<PAGE>

                                  Exhibit 99.1

                       MULTI-MEDIA TUTORIAL SERVICES, INC.
                             a Delaware corporation

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

                            Section 906 Certification

         I, Barry Reichman, Chief Executive Officer and Chief Financial Officer
of Multi-Media Tutorial Services, Inc., a Delaware corporation (the "Company"),
do hereby certify, in accordance with 18 U.S.C. Section 1350, as created
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

         (1) the Quarterly Report on Form 10-QSB of the Company for the
         quarterly period ended August 31, 2002 (the "Report") fully complies
         with the requirements of Section 13(a) or 15(d), as applicable, 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.

                       MULTI-MEDIA TUTORIAL SERVICES, INC.


Dated: November 12, 2002                  By: /s/ Barry Reichman
                                              ----------------------------------
                                              Barry Reichman
                                              Chief Executive Officer and
                                              Chief Financial Officer
Summary of Analytical Results

(662 - April 2010)

 Sample ID 662-GRAB 662-GRAB 662-GRAB 662-GRAB Date 4/5/10 4/12/10 4/19/10 4/26/10 Top (ft) 0000 Total (T)/ Bottom (ft) 0000

Analyte units Diss. (D) Duplicate # 1111

PFOA ug/L T 10.3 11.2 10.5 7.70

Samples were analyzed by Critical Path Services. Reported results 

PFOA = Perfluorooctanoic Acidug/L = micrograms per liter

 represent the average (rounded) of analysis in triplicate.

< and ND = Non detect at stated reporting limit Page 1 of 1

cwk
<TABLE>
<CAPTION>

                                                                                                              EXHIBIT 12


                                                       MERRILL LYNCH PREFERRED CAPITAL TRUST III
                                                        MERRILL LYNCH PREFERRED FUNDING III, L.P.
                                                         COMPUTATION OF RATIOS OF EARNINGS TO
                                           COMBINED FIXED CHARGES AND PREFERRED SECURITIES DISTRIBUTIONS (UNAUDITED)
                                                                  (dollars in thousands)



                                   FOR THE YEAR ENDED                  FOR THE YEAR ENDED                FOR THE YEAR ENDED
                                   December 29, 2006                   December 30, 2005                 December 31, 2004
                           ---------------------------------  ---------------------------------  ----------------------------------
                              MERRILL LYNCH    MERRILL LYNCH     MERRILL LYNCH    MERRILL LYNCH    MERRILL LYNCH    MERRILL LYNCH
                                 PREFERRED       PREFERRED          PREFERRED       PREFERRED        PREFERRED       PREFERRED
                           CAPITAL TRUST III FUNDING III,L.P. CAPITAL TRUST III FUNDING III,L.P. CAPITAL TRUST III FUNDING III, L.P.
                           ----------------- ---------------  ----------------- ---------------  ----------------- ----------------

<S>                        <C>                 <C>            <C>               <C>               <C>               <C>

Earnings                       $ 54,124           $ 63,464        $ 54,124           $ 63,306         $ 54,124            $ 63,165
                               ========           ========        ========           ========         ========            ========


Fixed charges                  $      -           $      -        $      -           $      -         $      -            $      -

Preferred securities
 distribution
 requirements                    52,500             54,124          52,500             54,124           52,500              54,124
                               --------           --------        --------           --------         --------            --------

Total combined fixed
 charges and preferred
 securities distribution
 requirments                   $ 52,500           $ 54,124        $ 52,500           $ 54,124         $ 52,500            $ 54,124
                               ========           ========        ========           ========         ========            ========

Ratio of earnings to
 combined fixed charges
 and preferred securities
 distribution requirements         1.03               1.17            1.03               1.17             1.03                1.17


</TABLE>
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 Annual Report on Form 10-K of Merrill Lynch Preferred
Capital Trust V and Merrill Lynch Preferred Funding V, L.P. (the  "Partnership")
for the  period  ended  December 30,  2005 as filed  with the  Securities  and
Exchange  Commission  on the date  hereof  (the  "Report"),  I, Kathleen Skero,
Controller of Merrill Lynch & Co., Inc., the General Partner of the Partnership,
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; and

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




                              MERRILL LYNCH PREFERRED FUNDING V, L.P.

                              By:  MERRILL LYNCH & CO., INC., as General Partner


                              By:  /s/ KATHLEEN SKERO
                                   ---------------------------------------------
                              Name:    Kathleen Skero *
                              Title:   Controller, Merrill Lynch & Co., Inc.








Dated: March 24, 2006
_____________________

*  Kathleen Skero functions as the equivalent of the Chief Executive Officer
   and Chief Financial Officer of the Partnership for purposes of Section 906
   of the Sarbanes-Oxley Act of 2002.
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 Annual Report on Form 10-K of Merrill Lynch Preferred
Capital Trust V and Merrill Lynch Preferred Funding V, L.P. (the "Partnership")
for the period ended December 26, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Thomas W. Perry,
Chief Accounting Officer and Controller of Merrill Lynch & Co., Inc., the
General Partner of the Partnership, 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; and

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



                             MERRILL LYNCH PREFERRED FUNDING V, L.P.

                             By:  MERRILL LYNCH & CO., INC., as General Partner


                             By:   /s/ THOMAS W. PERRY
                                  --------------------------------------
                             Name:     Thomas W. Perry*
                             Title:    Chief Accounting Officer and Controller



Dated: March 26, 2009
---------------------
* Thomas W. Perry functions as the equivalent of the Chief Executive Officer
and Chief Financial Officer of the Partnership for purposes of Section 906 of
the Sarbanes-Oxley Act of 2002.
1 "' l

February24,201 0 ;;.. n U r:r.;.;,:;rUi1ihnU N Th e Honorabl e Ra

yLaHoo d Secretary Unite d State s Departmen t o fTransportatio n 120 0 Ne wJerse yAvenue , S E Washington , D.C

. 

### 2059 0 Subject : Haned a Combinatio n Service s Allocatio n Proceedin g DOT-OST-2010-001 8 Dea rSecretaryLaHood : A s a dedicate d trave l partne ro fAmerica n Airlines , I a m writin g i n suppor to fAmerican' s applicatio n t o provid e ne wservic e fro m Ne wYork' s Joh n F

. Kenned yInternationa l Airpor t an d Los Angele s Internationa l Airpor t t o Toky o Internationa l Airpor ta t Haneda

. I recogniz e an d applau d yo u an d th e Obam a administratio n fo ryou rsucces s las t Decembe ri n reachin g a landmar k Ope n Skie s agreemen twit h Japan , whic h open s u p Haned a t o servic e b yU.S

. airlines

. I encourag e you rselectio n o fAmerica n Airline s t o provid e nonsto p servic e fro m Ne w Yor k an d Los Angele s t o Haned a i n orde rt o provid e a n essentia l connectio n betwee n thre e o fth e world' s larges t financia l an d commerc e centers

. Recen tevents , includin g th e successfu l preservatio n o fJapa n Airlines ' oneworl d Allianc e membership , hav e underscore d American' s stron g commitmen t t o th e trans-Pacifi c market

. America n i s likewis e committe d t o Ne wYor k an d Los Angele s - bot h vita l foca l point s o fbusiness , trade , entertainment , technolog yan d educatio n - providin g unsurpasse d ai rservic e sinc e th e mid-1900 s Bot h th e Ne wYor k

an d Los Angele s metr o area s wil l gai n significan teconomi cbenefit s fro m thes e propose d ne wflights , a s wil l American' s customer s an d employees

. However , w e nee d you rhel p t o mak e th e JFK/Haned a connectio n a reality

. Therefore , I strongl yurg e yo u t o sa yye s t o America n Airline s an d it s reques t fo rslot s t o fl yfro m Kenned yt o Haneda ! Sincerely ,

/ ^ Patt ySnodgras s Dell , In c
EXHIBIT 99



                           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 The Bombay Company, Inc. (the
"Company") on Form 10-Q for the quarterly  period  ended  May  3, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the  "Report"),
each  of  the  undersigned,  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 their knowledge:

(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/ JAMES D. CARREKER                         /S/ ELAINE D. CROWLEY
-----------------------------                 ------------------------------
James D. Carreker                             Elaine D. Crowley
Chairman of the Board and                     Senior Vice President,
Chief Executive Officer                       Chief Financial Officer
                                              and Treasurer


Dated:  June 12, 2003                         Dated:  June 11, 2003
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N
NO. 03-13-00636- CV Rodney Wayne Symons, II, Appellan t

v. Jill Ann Sym ons, App ellee

F ROM TH E DISTRI CT COURT O F H AY S CO UNTY, 428 TH JUDICI AL DISTRICT NO. 10- 1254 , H ONO RAB LE WI LLIAM R. H ENRY, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N Appellant Rodney Way

ne Sy mons, I I has inform ed t h i s Court that he no longe r wishes to pur sue this a

ppeal and has filed an unopposed motion to dismiss it. Appellant’s counsel states that he has confe rre d with counsel for appellee J i ll Ann Sy mons, who does not oppose this motion. W e grant the motion and dismiss the appea l. SeeTex. R. App. P . 42.1(a)
.

__________________________________________ J eff Rose, J ustice Be fore J ustices Pury ear , Rose and Goodwin Dismissed on Appellant’s Motion Filed: Oc tober 30, 2013
exv10w33



 






Exhibit 10.33




Recommendations:



It is recommended that effective January 1, 2002, the Marathon Ashland Petroleum LLC Deferred
Compensation Plan, the Speedway SuperAmerica LLC Deferred Compensation Plan, the MAP Excess Benefit
Plan, and the SSA Excess Benefit Plan all be amended to permit reassigned employees from MAP or SSA
to the Pilot Travel Center LLC to continue to maintain their accounts in these plans with no
distribution required or permitted solely due to the reassignment to Pilot.




	 	 	 	 	 
	Reviewed:

	 	 	 	 
	 
	 	 	 	 
	 

	 	 	 	 
	Law

	 	Date	 	 
	 
	 	 	 	 
	 

	 	 	 	 
	Tax

	 	Date	 	 
	 
	 	 	 	 
	Approved:
	 	 	 	 
	 
	 	 	 	 
	      /s/ R.P.
 Nichols                      
                         
                        
                      
	 	 	 	 
	 

	 	 	 	 
	R. P. Nichols

	 	Date	 	 
	Vice President Human Resources
[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Notices]
[Page 64204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27463]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the DoD Healthcare Quality Initiative Review Panel

AGENCY: Department of Defense.

ACTION:  An executive/administration meeting for DoD Healthcare Quality 
Initiatives Review Panel has been scheduled for November 9 & 10, 2000.

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

SUMMARY: This notice set forth the meeting of the DoD Healthcare 
Quality Initiatives Review Panel. Notice of meeting is required under 
The Federal Advisory Committee Act.

DATES: November 9 & 10, 2000.

ADDRESSES: Sheraton Crystal City, 1800 Jefferson Davis Hwy, Arlington, 
VA 22202.
    Time: November 9th, 8:00 am to 5:30 pm; November 10th, 8:00 am to 
5:30 pm.

FOR FURTHER INFORMATION CONTACT: Gia Edmonds at (703) 933-8325.

    Dated: September 20, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-27463 Filed 10-25-00; 8:45 am]
BILLING CODE 5001-10-M
* Pursuant to 5 TH C IR

. R. 47.5 the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit



## FILED

February 23, 2004

Charles R. Fulbruge III

Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-60206

Summary Calendar

ANDRES F. MORALES,

Petitioner,

versus

JOHN ASHCROFT, U.S. ATTORNEY GENERAL,

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A78-600-720

Before GARWOOD, DEMOSS and CLEMENT, Circuit Judges.

PER CURIAM: *

Andres F. Morales petitions for review of an order of the

Board of Immigration Appeals (BIA) affirming the Immigration

Judge’s decision to deny his application for asylum and withholding

of removal under the Immigration and Nationality Act. He argues

that the BIA erred in determining that he was not persecuted based

upon his being in a particular social group.2

This court will uphold the findings that an alien is not

eligible for asylum or withholding if those findings are supported

by substantial evidence. C hun v. INS

, 40 F.3d 76, 78 (5th Cir.

199 4). Under this standard, the BIA’s determination will be

affirmed unless the “evidence co m pels a contrary conclusion.”

Carbajal-Gonzalez v. INS , 78 F.3d 194, 197 (5th Cir. 1996).

The evidence pr esented to the BIA does not compel the

conclusion that Morales was persecuted based on his association in

a particular social group. S ee Carbajal-Gonzalez

, 78 F.3d at 197;

Faddoul v. INS , 37 F.3d 185, 188 (5th Cir. 1994); Adebisi v. INS

,

952 F.2d 910, 912 (5th Cir. 1992). To be eligible for withholding

of deportation, an alien must demonstrate a “clear probability” of

persecution upon return. F addoul

, 37 F.3d at 188. Because Morales

failed to show a well-founded fear of persecution on a protected

ground as required for asylum, he also failed to show a clear

probability of persecution as required by the more stringent

standard for withholding of deportation. See id

.

PETITION DENIED.
# Contents

Data 1

http://www.eia.gov/dnav/ng/hist/rngc1w.htm

U.S. Energy Information Administration

infoctr@eia.doe.gov

# Data 1

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