alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals **San Antonio, Texas**
MEMORANDUM OPINION
N o. 04

- 16

- 00316

- CV
OLD AMERICAN COUNTY MUTUAL FIRE INSURANC E COMPANY , Appellant /Cross

- Appellee

v. Brenda Lynn JUAREZ , Appellee /Cross

- Appellant, From the 365th Judicial District Court, Maverick County, Texas Trial Court No. 13

- 06

- 28583

- MCVAJA Honorable Timothy F. Johnson, Judge Presiding
PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice
Delivered and Filed: No vember 2, 2016
REVERSED AND REMANDED The parties have f iled a “ Joint Motion to Dismiss ” stating they have reached an agreement to settle and compromise their differences in this appeal. T he parties ask the c ourt to render judgment setting aside the trial court’s judgment , dismiss both parties’ appeals, and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement. See
T EX
. R. A PP
. P. 42.1(a)(2)(B). The parties’ joint motion is granted. We reverse the trial court’s judgment, and remand this case to the trial court for further proceedings consistent with the parties’ agreement.
PER CURIAM
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00769-CV

In re Walter Olenick and M. Rae Nadler-Olenick

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

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

On the record and arguments presented, the petition for writ of mandamus and the

motion for temporary orders are denied. See Tex. R. App. P. 52.8(a).

__________________________________________

Scott K. Field, Justice

Before Chief Justice Rose, Justices Pemberton and Field

Filed: December 14, 2015
[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Pages 64736-64737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27803]


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DEPARTMENT OF STATE

[Public Notice 3457]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Modern Art and America: Alfred Stieglitz and His New 
York Galleries''

AGENCY: Department of State.

ACTION: Notice.

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

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985, 22 U.S.C. 2459), the Foreign Affairs Reform and 
Restructuring Act of 1998 (112 Stat. 2681, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236 of October 19, 1999, as amended, I hereby

[[Page 64737]]

determine that the objects to be included in the exhibition ``Modern 
Art and America: Alfred Stieglitz and His New York Galleries,'' 
imported from abroad for the temporary exhibition without profit within 
the United States, are of cultural significance. The objects are 
imported pursuant to loan agreements with the foreign lenders. I also 
determine that the exhibition or display of the exhibit objects at the 
National Gallery of Art, in Washington, DC from on or about January 28, 
2001 to on or about April 22, 2001 is in the national interest. Public 
Notice of these Determinations is ordered to be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Carol Epstein, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
619-6981). The address is U.S. Department of State, SA-44, 301 4th 
Street, SW., Room 700, Washington, DC 20547-0001.

    Dated: October 23, 2000.
William B. Bader,
Assistant Secretary for Educational and Cultural Affairs, Department of 
State.
[FR Doc. 00-27803 Filed 10-27-00; 8:45 am]
BILLING CODE 4710-08-U
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 Commerce

###### National Oceanic and Atmospheric Administration

          - [I.D. 101700C]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice of vendor to provide fishing year 2001 cage tags.

# SUMMARY:

NMFS informs surf clam and ocean quahog allocation owners that they will be required to purchase their fishing year 2001 cage tags from a vendor.

# ADDRESSES:

Written inquiries may be sent to Walt Gardiner at: National Marine Fisheries Service, Northeast Regional Office, One Blackburn Drive, Gloucester, MA  01930-3799.

# FOR FURTHER INFORMATION CONTACT:

Walt Gardiner, Fishery Management Specialist, (978) 281-9326.

# SUPPLEMENTARY INFORMATION:

                    Federal Atlantic surf clam and ocean quahog fishery regulations at 50 CFR 648.75(b) authorize the  Administrator, Northeast Region, NMFS, to specify in the                     **Federal Register**                     a vendor from whom cage tags, required under the Atlantic Surf Clam and Ocean Quahog Fishery Management Plan, must be purchased.  National Band and Tag Company of Newport, KY, is the authorized vendor of cage tags required for the year 2001 Federal surf clam and ocean quahog fisheries.  Detailed instructions for purchasing these cage tags will be provided in a letter to allocation owners within the next several weeks.                

Authority:16 U.S.C. 1801*et seq*.                    

Dated:  October 21, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable Fisheries,  National Marine Fisheries Service.

[FR Doc. 00-27698 Filed 10-26-00; 8:45 am]

BILLING CODE:  3510-22 -S
```

[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Page 19958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08115]

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

DEPARTMENT OF STATE

[Public Notice 8691]

Fine Arts Committee Notice of Meeting

    The Fine Arts Committee of the Department of State will meet on 
April 23, 2014 at 9:00 a.m. in the Henry Clay Room of the Harry S. 
Truman Building, 2201 C Street NW., Washington, DC. The meeting will 
last until approximately 2:00 p.m. and is open to the public.
    The agenda for the committee meeting will include a summary of the 
work of the Fine Arts Office since its last meeting on December 9, 2013 
and the announcement of gifts and loans of furnishings as well as 
financial contributions from January 1, 2014 through March 30, 2014.
    Public access to the Department of State is strictly controlled and 
space is limited. Members of the public wishing to take part in the 
meeting should telephone the Fine Arts Office at (202) 647-1990 or send 
an email to WallaceJA@State.gov by April 15 to make arrangements to 
enter the building. The public may take part in the discussion as long 
as time permits and at the discretion of the chairman.

    Dated: April 9, 2014.
Marcee Craighill,
Fine Arts Committee, Department of State.
[FR Doc. 2014-08115 Filed 4-9-14; 8:45 am]
BILLING CODE 4710-35-P
```
<PAGE>
                                                                    EXHIBIT 23.2


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-3 (No. 333-110876) and Form S-8 (No. 333-99863) of Horizon
Medical Products, Inc. (the Company) of our report dated February 26, 2202,
except for Notes 6, 9, 12, and 17 to the consolidated financial statements
included in the Company's December 31, 2001 Form 10-K as to which the date is
April 15, 2002 and Note 18 to the consolidated financial statements included in
the Company's December 31, 2001 Form 10-K as to which the date is September 9,
2002 relating to the consolidated financial statements, and our report dated
September 9, 2002 relating to the December 31, 2001 consolidated financial
statement schedule included in the Company's December 31, 2001 Form 10-K, which
appear in this Form 10-K.



PricewaterhouseCoopers LLP
Birmingham, Alabama
March 29, 2004
~~~r. 

18 January 2001 

RHODE ISLAND 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

235 Promenade Street, Providence, RI 02908-5767 TDD 401-831-5508 

Linda Murphy 

EPA - New England, Region I 

1 Congress Street, Suite 1100 

Boston, MA 02114-2023 

Dear Ms. Murphy: 

The Office of Air Resources (OAR) is hereby submitting amendments to Air Pollution Control 

Regulation No. 11, "Petroleum Liquids Marketing and Storage" and Regulation No. 25, "Control 

of Volatile Organic Compound Emissions from Cutback and Emulsified Asphalt" as formal 

revisions to the Rhode Island SIP. The proposed amendments update testing and equipment 

requirements in Regulation No. 11 and change the ozone season dates specified in Regulation 

No. 25. OAR has decided not to adopt the more extensive proposed amendments to Regulation 

No. 25 which would have reduced the stringency of the regulation. 

A public notice announcing a public comment period and hearing on the proposed adoption of 

the amended regulations was published in the Providence Journal-Bulletin on 31 July 2000. The 

hearing was held on 31 July 2000 and the comment period remained open until 4:00 PM on 22 

September 2000. 

The following support documents are included in this submittal package: 

1 . A Notice of Public Hearing, Mailing List, and Affidavit of Publication for the hearing 

notice, which was published on 31 July 2000; 

2. A copy of the hearing officer's Decision. 

3 . A copy of amended Regulations Nos. 11 and 25, as modified in response to comments, 

and a filing form stamped by the Secretary of State's office indicating that the amended 

regulations were filed with the Secretary of State on 18 January 2001 . 

CO 30% post-consumer fiber 
The transcript of the public hearing, which was held on 31 July 2000, is available from our office 

upon request. If you have any questions about this submittal, please contact Barbara Morin of 

my staff at (401) 222-2808 ext. 7012. 

Stephen Majkut, Chief 

Office of Air Resources 

cc. David Conroy
#### RAMON v. STATE.

No. 25272.

Court of Criminal Appeals of Texas.

April 18, 1951.

No attorney on appeal for appellant,

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

BEAUCHAMP, Judge.

The appeal is from a conviction for the offense of driving while intoxicated, with a fine of $50.00. ■'

The record brought forward with this appeal does not contain a statement of *707fact's or bill of exception, ings appear to be regular, presented for review. All the proceed-No question is

The judgment of the trial court is affirmed.
exv4w6



 





Exhibit 4.6




Summary of Employment Arrangements




between Bayer Aktiengesellschaft




and Klaus Kühn




Term: K. Kühn was appointed member of the Board of Management of the Company by the
Supervisory Board effective May 1, 2002. The term will expire on April 30, 2007.


Compensation: The aggregate remuneration of K. Kühn for 2005 is comprised of the following
elements:



Base  salary: EUR 412,236. K. Kühn also received remuneration in kind and other payments
totaling EUR 35,266 and consisting mainly of amounts such as the value assigned for taxation
purposes to the use of a company car.



Fixed supplement: EUR 170,647



Variable bonus: EUR 843,713 (determined by attainment of the group EBITDA target)



Stock-based compensation: The current entitlement for 2005 — along with compensation
arising from previous years’ programs, parts of which are not yet earned was EUR 285,748.




     Retirement: K. Kühn is entitled to receive pension up from the age of 60. The yearly
pension entitlement is based on at least 30% of the sum of the last yearly base salary and fixed
supplement. This percentage increases over time depending on years of service as a Board member and
determines the final target pension level which is capped at 80%. Upon expiration of the current
term the level of 80% will be reached. These amounts are in addition to any amounts received as a
result of his participation in Bayer’s Employee Pension Plan (See Item 6).
[No. 35339.

Department One.

June 16, 1960.]

#### James Ralls, *Respondent,*v. L. J. Bonney *et al., Appellants.**1*

*Howard E. Phillips*and *McCallum & Zellmer,*for appellants.

*Ray L. Greenwood,*for respondent.

1

Reported in 353 P. (2d) 158.

Per Curiam.

— James Ralls farmed lands owned by L. J. Bonney from the year 1943 until 1958. Bonney terminated the oral lease in the fall of 1958. Ralls commenced this ac*343tion to recover from Bonney the value of summer fallow he had prepared during the last year of his tenancy.

From a judgment entered upon the verdict of the jury for Ralls, Bonney has appealed.

Appellant first assigns error to the court’s refusal to grant his motion for judgment notwithstanding the verdict of the jury. Appellant’s contention in support of the assignment is that, construing the evidence and all reasonable inferences therefrom most favorably to the respondent, he is entitled to judgment as a matter of law.

During the trial of the cause, the appellant did not challenge the sufficiency of the evidence, nor did he request a directed verdict. At the close of the evidence, respondent moved for a directed verdict. Appellant resisted the motion, contending that the issues presented “just a question of fact for the jury to pass upon.”

The court sustained appellant’s contention and submitted the case to the jury, instructing them as to the law applicable thereto. No exceptions were taken to the instructions, and they became the law of the case. *Williams v. Department of Labor & Industries, ante*p. 127, 351 P. (2d) 414 (1960). The instructions are not included in the record on this appeal. We are unable to determine whether the court erred in refusing to grant the motion for judgment notwithstanding the verdict, under the law that the parties, by their approval of the instructions, made applicable to this case.

Appellant’s remaining assignment of error relates to the refusal of the court to permit a handwriting expert to testify. The appellant made no offer of proof as to what the witness’ testimony would be if he were permitted to testify. Such an assignment of error cannot be considered, in the absence of an offer of proof. *State v. Griffith,*52 Wn. (2d) 721, 729, 328 P. (2d) 897 (1958); *Sutton v. Mathews,*41 Wn. (2d) 64, 67, 247 P. (2d) 556 (1952).

We find no merit in any of appellant’s assignments of error.

The judgment is affirmed.

September 22, 1960. Petition for rehearing denied.
(LOGO) GREAT FINANCIAL BANK

One Financial Square
Louisville, KY 40202-3322

502-562-6000




January30, 1998

MANAGEMENT'S ASSERTION REPORT ON COMPLIANCE WITH MINIMUM SERVICING STANDARDS

To the Stockholder:

As of and for the year ended December 31, 1997,  Great  Financial  Bank, FSB has
complied in all material respects with the minimum servicing standards set forth
in the Mortgage  Bankers  Association of America's  UNIFORM SINGLE ATTESTATION
PROGRAM FOR MORTGAGE BANKERS.  As of and for this same period,  Great Financial
Bank,  FSB had in effect a fidelity bond and errors and omissions  policy in the
amount of $9,000,000 and $20,000,000, respectively.



By:   /s/William L.Boue
William L. Boue
Title: First Vice President - Loan Administration

By:   /s/Paul M. Baker
      Paul M. Baker
Title: Chairman and Chief Executive Officer




6501
[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Page 64720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27754]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-01-600-1310-241A]


Northwest Colorado Resource Advisory Council Meeting

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Meeting.

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

SUMMARY: The next meeting of the Northwest Colorado Resource Advisory 
Council will be held on Thursday, November 16, 2000, at the Holiday 
Inn, Moffat Room in Craig, Colorado.

DATES: Thursday, November 16, 2000.

ADDRESSES: For further information, contact Lynn Barclay, Bureau of 
Land Management (BLM), 455 Emerson Street, Craig, Colorado 81625; 
Telephone (970) 826-5096.

SUPPLEMENTARY INFORMATION: The Northwest Resource Advisory Council 
(RAC) will meet on Thursday, November 16, 2000, at the Holiday Inn in 
the Moffat Room, Highway 13, Craig, Colorado. The meeting will start at 
9 a.m. and includes discussion of reports from the Weed, Wildlife, 
Fire, and United States Forest Service Advisory committees. Information 
will be presented concerning joint training for the Colorado RAC's and 
the Communication Policy committee will present their proposal.
    The meeting is open to the public. Interested persons may make oral 
statements at the meetings or submit written statements at the meeting. 
Per-person time limits for oral statements may be set to allow all 
interested persons an opportunity to speak.
    Summary minutes of council meetings are maintained at the Bureau of 
Land Management Offices in Craig and Grand Junction, Colorado. They are 
available for public inspection and reproduction during regular 
business hours within thirty (30) days following the meeting.

    Dated: October 24, 2000.
Richard Arcand,
Acting Center Manager, Northwest Center.
[FR Doc. 00-27754 Filed 10-27-00; 8:45 am]
BILLING CODE 4310-JB-P
*

Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-50649

(Summary Calendar)

RICHARD CARRILLO,

Plaintiff-Appellant,

versus

KENNETH S. APFEL,

COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-95-CV-651

April 21, 1998

Before JONES, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

Richard Carrillo appealsfrom the district court’s denial of his motion for summary judgment

and affirmationoftheSocialSecurityAdministration’s denialofhis applicationfor disabilityinsurance

benefits and supplemental security income payments, 42 U.S.C. § 405(g). Carrillo argues that the

Administrative Law Judge (“ALJ”) erred in finding that singly, or in combination, his obesity,

diabetes, shortness of breath, hernia and other ailments do not equal the listing set forth in 20 C.F.R.

§ 404, subpart P, Appendix 1, § 9.09(B). Having reviewed the record and the briefs of the parties,

we find that the ALJ’s decision was supported by substantial evidence in the record and the proper

legalstandards were used in evaluating the evidence. See Villa v. Sullivan, 895 F.2d 1019, 1021 (5th
2

Cir. 1990); Ripley v. Chater, 67 F.3d 552, 555 (5th Cir. 1995). 

Carrillo also argues that there is no evidence to support the ALJ’s finding that he is able to

perform his past relevant work as a custodian, and that remand is appropriate in order to obtain the

testimony of a medical expert witness asto the physical activities Carrillo can perform. We disagree.

The burden of proof that a claimant is unable to perform previous relevant work is on the claimant

himself; therefore, an ALJ is not required to order additional examinations when the claimant’s

evidence falls short of proving his assertions. See Leggett v. Chater, 67 F.3d 558, 567 (5th Cir.

1995). 

Carrillo further argues that the ALJ failed to evaluate his complaint that pain affected his

capacity to perform past relevant work under the criteria set forth in Social Security Ruling 88-13.

Contrary to Carrillo’s assertions, however, the ALJ considered the factors described in SSR 88-13:

he considered both subjective complaints as well as objective findings, and found that while Carrillo’s

impairmentsimpose limitations on his daily activity, there was no evidence of any nonexertional pain

that would significantly restrict the range of light work Carrillo could perform. See Anderson v.

Sullivan, 887 F.2d 630, 633 (5thCir. 1989). Upon reviewing the entire record and the parties’ briefs,

we conclude that the ALJ’s finding that Carrillo is able to perform his past relevant light work is

based on substantial evidence in the record and the proper legal standards. See Villa, 895 F.2d at

1022.

AFFIRMED.
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA 

FIFTH DISTRICT 

 NOT FINAL UNTIL TIME EXPIRES TO 

 FILE MOTION FOR REHEARING AND 

 DISPOSITION THEREOF IF FILED 

ZACHARY S. GAME, 

Appellant, 

v. Case No. 5D18-1967

STATE OF FLORIDA, 

Appellee. 

________________________________/ 

Opinion filed September 25, 2018

3.850 Appeal from the Circuit Court 

for Volusia County,

James R. Clayton, Judge.

Zachary S. Game, Crawfordville, pro se.

No Appearance for Appellee.

PER CURIAM. 

AFFIRMED. See Koons v. State ̧165 So. 3d 718 (Fla. 5th DCA 2015). 

COHEN, C.J., ORFINGER and WALLIS, JJ., concur.
**EXHIBIT 23.1**
**INDEPENDENT AUDITORS’ CONSENT**
The Board of DirectorsBelk, Inc.:
We consent to the incorporation by reference inthe registration statement No. 333-103762 of Belk, Inc. ofour report dated March 15, 2004, except as to Note 20,which is as of April 1, 2004, relating to the consolidatedbalance sheets of Belk, Inc. and subsidiaries as ofJanuary 31, 2004 and February 1, 2003, and the relatedconsolidated statements of income, changes in stockholders’equity and comprehensive income and cash flows for each of theyears in the three-year period ended January 31, 2004, andrelated schedule, which report is included in theJanuary 31, 2004 annual report on Form 10-K of Belk,Inc.
As discussed in note 1 to the consolidatedfinancial statements, the Company changed its method ofaccounting for derivative instruments and hedging activitiesduring the year ended February 2, 2002.
/s/ KPMG LLP
Charlotte, North CarolinaMarch 5, 2004, except as toNote 20, which is as of April 1, 2004
> 
Exhibit 99.2

**Written Statement of the Chief Financial OfficerPursuant to 18 U.S.C. Section 1350**
          Solely for the purposes of complying with 18 U.S.C. Ssection 1350, I, the undersigned Vice President Finance and Chief Financial Officer of Teltronics, Inc. (the "Company"), hereby certify, based on my knowledge, that the Quarterly Report on Form 10-Q of the Company for the quarter ended September 30, 2002 (the "Report") fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
/s/ Patrick G. MinPatrick G. MinVice President Finance and Chief Financial OfficerNovember 14, 2002