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

No. 23085.

Court of Criminal Appeals of Texas.

March 14, 1945.

Rehearing Denied April 25, 1945.

M. P. McCoy, of Houston, for appellant.

A. C. Winbom, Cr. Dist. Atty., and E. T. Branch, Asst. Cr. Dist. Atty., both of Houston, and Ernest S. Goens, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Appellant was convicted of aggravated assault and his punishment assessed at confinement in the county jail for thirty days.

The case was tried before the court without the intervention of a jury. The record is before this court without bills of exception. The State’s brief points out that the statement of facts is filed too late, but suggests that even if it should be considered that it only shows a conflict in the testimony which was ' a question for the trial court to determine. It occurs to us that the State is correct in both particulars.

The amended motion for new trial was overruled on the 30th day of September, 1944, and the court adjourned for the term on that date. Thereafter, on the 28th day of October the court, on the application of appellant, extended the time in which to file the statement of facts and bills of exception for a period of thirty days. This extension expired on the 29th day of November, and no further extension was thereafter applied for. The statement of facts was not filed in the court below until the 15th day of December, 1944. Thus it will be noted that the statement of fácts was not filed within the time required by Article 760, C.C.P., Vernon’s Ann.C.C.P. art. 760, and, therefore, can not be considered. See Brewer v. State, 138 Tex.Cr.R. 499, 137 S.W.2d 21; Cadrin v. State, 129 Tex.Cr.R. 525, 89 S.W.2d 1001.

The judgment is affirmed.

On Motion for Rehearing.

KRUEGER, Judge.

Appellant has filed a motion for a rehearing in which he reiterates his contention that the evidence is insufficient to support his conviction. On the original submission of this case, we specifically stated that the statement of facts was filed too late to be considered by this court, and in the absence of such a statement of facts, there is not any way by which we can pass upon the question raised in the motion.

It follows from what we have said that the motion should be overruled, and it is so ordered.

*820PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
(logo) Rialto CAPITAL

 

 

**2016 Annual Statement ofServicer Compliance (Item 1123)**

 

Pooling and ServicingAgreement (the "Pooling and Servicing Agreement") dated as of July 1,2015 by and among Wells Fargo Commercial Mortgage Securities, Inc., asDepositor, Wells Fargo Bank, National Association as Master Servicer, RialtoCapital Advisors, LLC as Special Servicer, Pentalpha Surveillance LLC, as TrustAdvisor, Wells Fargo Bank, National Association as Certificate Administrator,as Tax Administrator and as Custodian, and Wilmington Trust, NationalAssociation as Trustee relating to the Wells Fargo Commercial Mortgage Trust2015-NXS2, Commercial Mortgage Pass-Through Certificates, Series 2015-NXS2

**(WFCM 2015-NXS2)**

 

 

The undersigned, a dulyauthorized officer of Rialto Capital Advisors, LLC, as special servicer (the"Special Servicer") herein certifies to the following:

 

1. All servicing activitiesand performance of such servicing activities under the Pooling and ServicingAgreement are performed on behalf of the Special Servicer.

 

2. A review of the servicingactivities and performance by the Special Servicer for the period of January 1,2016 to December 31, 2016 (the "Reporting Period") in accordance withthe Pooling and Servicing Agreement has been conducted under my supervision.

 

3. To the best of myknowledge, based on such review, the Special Servicer has fulfilled all of itsobligations under the term of the Pooling and Servicing Agreement, in allmaterial respects for the Reporting Period and if there has been a failure tofulfill any such obligations in any material respect, each failure and thenature and status thereof has been specifically identified herein.

 

 

Certified by: /s/ Adam Singer

Adam Singer, Managing Director

 

Date: March 1, 2017
#### Lawrence Donner, Plaintiff, *v.*Budget Charge Accounts, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County,

December 11, 1957.

*Max Solorsy*for Fried Furniture Corp. and another, defendants.

*Samuel B. Weingrad*for plaintiff.

Marcus G. Christ, J.

Motion to dismiss the two causes of action alleged in the complaint under subdivision 4 of rule 106 of the the Rules of Civil Practice.

The plaintiff pleads in the first cause of action that he and the defendants Budget Charge Accounts, Inc. and William C. Kingsley entered into the agreement annexed to the complaint, that by the agreement the plaintiff was given the option to repurchase certain stock of the Warren-Thomas Corp. having the value of $50,000 but the defendants conspired to liquidate the latter corporation and deprive him of his interest therein. The plaintiff does not plead that liquidation is contrary to the terms of the agreement. In fact, paragraph 7 of the agreement expressly permits Budget Charge Accounts, Inc., to liquidate the Warren-Thomas Corp. and in paragraph 13 the plaintiff expressly agreed not to hold Budget Charge Accounts, Inc., or any officer or director liable for any act done in connection with the business of the Warren-Thomas Corporation.

In view of the language of the agreement it can hardly be said that a cause of action which does not plead facts revealing a breach thereof, or that the plaintiff has performed all the conditions precedent to a repurchase of the stock is sufficiently *1009stated; conclusory allegations of wrongdoing are insufficient *(Gerdes*v. *Reynolds,*281 N. Y. 180,183,184).

With respect to the second cause of action, it will also be held that the facts pleaded are insufficient to state a cause of action.

The plaintiff apparently believes that commissions to which he is entitled on sales made by him for the defendants Fried Furniture Corp. and William C. Kingsley have been wrongfully withheld. He pleads no employment agreement, nor does he refer to or annex one to the complaint. He does not allege that he has duly performed all the conditions of any agreement which he may have with the defendants, nor does he allege what defendant or defendants withheld the commissions.

Accordingly, the motion is granted in its entirety, with the privilege of serving an amended complaint within 20 days.

Settle order on notice.
[Federal Register Volume 65, Number 219 (Monday, November 13, 2000)]
[Rules and Regulations]
[Page 67654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28881]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 00-2362; MM Docket No. 00-83; RM-9849]


Radio Broadcasting Services; Butte Falls, OR

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Commission, at the request of Butte Falls Radio, allots 
Channel 225A to Butte Falls, OR, as the community's first local aural 
service. See 65 FR 34997, June 1, 2000. Channel 225A is allotted 
instead of the originally proposed Channel 255A in order to avoid a 
short-spacing to the proposed allotment of Channel 255A at Hornbrook, 
CA, in MM Docket No. 00-73. Channel 225A can be allotted to Butte Falls 
in compliance with the Commission's minimum distance separation 
requirements with a site restriction of 3.4 kilometers (2.1 miles) 
northwest, at coordinates 42-33-33 NL; 122-36-13 WL, to avoid a short-
spacing to Stations KLAD-FM, Channel 223C, Klamath Falls, OR, and KKNU, 
Channel 226C, Springfield, Oregon. A filing window for Channel 225A at 
Butte Falls will not be opened at this time. Instead, the issue of 
opening a filing window for this channel will be addressed by the 
Commission in a subsequent order.

DATES: Effective December 11, 2000.

FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 00-83, adopted October 11, 2000, and 
released October 20, 2000. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 445 12th Street, SW., Washington, 
DC. The complete text of this decision may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc., (202) 857-3800, 1231 20th Street, NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.
    Part 73 of title 47 of the Code of Federal Regulations is amended 
as follows:

47 CFR PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334. 336.


Sec. 73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Oregon, is 
amended by adding Butte Falls, Channel 225A.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 00-28881 Filed 11-9-00; 8:45 am]
BILLING CODE 6712-01-P
DEPARTMENT OF THE TREASURY 

WASHINGTON, D.C. 20220 

FOIA No.: 2013-01-009 

OASIS No.: NK-636364 

JUN 2 1 2013 

Mr. Sean Dunagan 

Judicial Watch 

425 Third Street, SW 

Suite 800 

Washington, DC 20024 

Re: North Korean Applications 

Dear Mr. Dunagan: 

This is our final response to your Freedom ofInformation Act (FOIA), 5 U.S.C. § 552, requests 

dated January 3, 2013 and April 24, 2013 to the Department of the Treasury (Treasury). You 

requested a copy of the first 10 pages of each application for licenses to do business with North 

Korea. Treasury referred this matter to its OffiCe of Foreign assets Control (OFAC) for 

processmg. 

Please be aware that OF AC is experiencing a substantial backlog of FOIA requests that has 

adversely affected its response time. 

OFAC's search for documents responsive to your request produced a total of 74 pages. We have 

determined that 67 pages are releasable in part with redactions made pursuant to FOIA 

exemptions (b)(4), (b)(6), and (b)(7)(C); seven pages are releasable in their entirety. 

Please note that OF AC has received a number of similar requests, all pertaining to businessrelated transactions in North Korea. We are releasing the same package ofresponsive 

documents to each requester in an effort to respond more efficiently to all. For this reason, you 

may find that you are receiving a broader range of records than you originally anticipated. 

You may appeal our final decision, in writing, within 35 days after the date of this letter to the 

Freedom of Information Act Appeal, Disclosure Services (DO), Department of the Treasury, 

Washington, DC 20220. The deciding official for OF AC appeals is the Director, Office of 

Foreign Assets Control. Please include with your letter of appeal a copy of this response letter. 

Please reference FOIA case number 2013-01-009 in all future correspondence. 

Copies of the FOIA and Trea~ury regulations are available at www.treasury.gov/foia. 

Provisions of the FOIA allow us to recover part of the cost of complying with your request. In 

this instance, no fees have been assessed. 
Mr. Sean Dunagan 

Page 2 . 

The Office of Government Information Services (OGIS) also mediates disputes between FOIA 

requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting 

access to your own records (which is considered a Privacy Act request), you should know that 

OOIS does not have the authority to handle requests made under the Privacy Act of 1974. 

If you wish to contact OGIS, you may email them at ogis@nara.gov or call 877-684-6448. 

Enclosed are information sheets pertaining to the FOIA exemptions and your right to 

administrative appeal. 

Your request has been assigned FOIA No. 2013-01-009. Please reference this number in any 

future correspondence. You may contact our FOIA Requester Service Center at (202) 622-2500, 

option 3. I 

Enclosures: 

'1. Responsive Documents (74) pages 

2. 'FOIA Exemptions Sheet 

3. Administrative Appeal Rights
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 03274

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2File Name3

Description

x 03274\03274_Checklist.XLS EPA Technical Review Checklist Workbook

03274\03274_Completeness_Checklist.xls EPA Completeness Review Checklist

x 03274\03274_Part A.xls Plant submitted survey file

x 03274\03274_Part E.xls Plant submitted survey file

x 03274\03274_Part H.xls Plant submitted survey file

03274\Certification Statement Plant ID 03274.pdf Plant certification statement

03274\Supplemental Documents\AEP ELGs ICR submittal letter 9-13-10.pdf Plant submitted supplemental files to the survey

03274\Supplemental Documents\AEP RVS 03274 A5-2 Aerial.pdf Plant submitted supplemental files to the survey

x 03274\Supplemental Documents\AEP RVS 03274 A5-3 WB-1 Diagram.pdf Plant submitted supplemental files to the survey

x 03274\Supplemental Documents\AEP RVS 03274 A5-3 WB-2 Diagram.xls Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket. 

3

 No hardcopy log is included for this plant as no hardcopy materials were received.
IV

103D CONGRESS

2D SESSION H. CON. RES. 314

Providing for the printing of a collection of statements made in tribute

to Representative Jamie L. Whitten.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1994

Mr. MONTGOMERY submitted the following concurrent resolution; which was

referred to the Committee on House Administration

OCTOBER 7, 1994

Committee on House Administration discharged; considered and agreed to

CONCURRENT RESOLUTION

Providing for the printing of a collection of statements made

in tribute to Representative Jamie L. Whitten.

1 Resolved by the House of Representatives (the Senate

2 concurring), That a collection of statements made in trib3 ute to Representative Jamie L. Whitten, prepared under

4 the supervision of the Joint Committee on Printing, shall

5 be printed as a House document, with illustrations and

6 suitable binding.

7 SEC. 2. In addition to the usual number, there shall

8 be printed the lesser of—
2

•HCON 314 ATH

1 (1) 1,850 copies (including 400 casebound cop2 ies) of the document, of which 550 copies (including

3 100 casebound copies) shall be for the use of the

4 House of Representatives, 110 copies (including 100

5 casebound copies) shall be for the use of the Senate,

6 and 1,190 copies (including 200 casebound copies)

7 shall be for the use of the Joint Committee on Print8 ing; or

9 (2) such number of copies of the document as

10 does not exceed a total production and printing cost

11 of $19,527, with such copies to be allocated in the

12 same proportion as described in paragraph (1).

Æ
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 127 Engrossed in House (EH)]

103d CONGRESS

  1st Session

                             H. J. RES. 127

_______________________________________________________________________

                            JOINT RESOLUTION

To authorize the President to proclaim the last Friday of April 1993 as 
                        ``National Arbor Day''.



                                     


103d CONGRESS
  1st Session
H. J. RES. 127

_______________________________________________________________________

                            JOINT RESOLUTION


 
To authorize the President to proclaim the last Friday of April 1993 as 
                        ``National Arbor Day''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the President is hereby 
authorized and requested to issue a proclamation designating the last 
Friday of April 1993 as ``National Arbor Day'' and calling upon the 
people of the United States to observe such a day with appropriate 
ceremonies and activities.

            Passed the House of Representatives April 21, 1993.

            Attest:






                                                                 Clerk.`
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-60097

Summary Calendar

AUGUSTUS P. SORIANO,

Plaintiff - Appellant

v.

TRUSTMARK NATIONAL BANK; LISA PENCE MCDANIEL,

Defendants - Appellees

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 3:11-CV-332

Before REAVLEY, DAVIS, and OWEN, Circuit Judges.

PER CURIAM:*

The judgment of the district court is affirmed for these reasons.

The district court decided that there was federal jurisdiction because

plaintiff alleged that the dispute “emanated” from violation of bankruptcy rules

and orders. We will accept that view of the pleading without more attention.

The difficulty is that no cause of action is alleged to have occurred before

the year 2008. It follows that the state’s three year statute of limitation barred

United States Court of Appeals

Fifth Circuit

F I L E D

August 22, 2012

Lyle W. Cayce

Clerk

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.

Case: 12-60097 Document: 00511965955 Page: 1 Date Filed: 08/22/2012
No. 12-60097

these claims when the complaint was filed in January of 2008. The dismissal on

Rule 12(b)(6) grounds was correct.

AFFIRMED.

2

Case: 12-60097 Document: 00511965955 Page: 2 Date Filed: 08/22/2012
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

Tara Farrell , et al. , CASE NO: 2:21−CV−01691−JAM−JDP

 vs. SUMMONS IN A CIVIL CASE

New Millennium Concepts, LTD ,

TO: New Millennium Concepts, LTD

Defendant's Address:

YOU ARE HEREBY SUMMONED and required to serve on:

 Katherine A. Bruce

 Clarkson Law Firm

 22525 Pacific Coast Highway

 Malibu, CA 90265

an answer to the complaint which is served on you with this summons, within 21 days after

service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by

default will be taken against you for the relief demanded in the complaint. Any answer that you serve

on the parties to this action must be filed with the Clerk of this Court within a reasonable period

of time after service.

 KEITH HOLLAND

 CLERK

 /s/ H. Huang

 (By) DEPUTY CLERK

ISSUED ON 2021−09−17 09:46:46

CLERK, USDC EDCA

Case 3:22-cv-00728-M Document 2 Filed 09/17/21 Page 1 of 2 PageID 157
RETURN OF SERVICE

 Service of the Summons and complaint was made by me (1) DATE

 NAME OF SERVER (PRINT) TITLE

 Check one box below to indicate appropriate method of service

Served personally upon the defendant. Place where served: _______________________________________

________________________________________________________________________

Left copies thereof at the defendant's dwelling house or usual place of bode with a person of suitable age and

discretion then residing therein.

Name of person with whom the summons and complaint were left:__________________________________

Returned unexecuted:_____________________________________________________________________

_________________________________________________________________________

________________________________________________________________________

Other (specify) :_________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

STATEMENT OF SERVICE FEES

 TRAVEL SERVICES TOTAL

DECLARATION OF SERVER

 I declare under penalty of perjury under the laws of the United States of America that the foregoing information

contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on ___________________ _______________________________________

Date Signature of Server

_______________________________________

Address of Server

Case 3:22-cv-00728-M Document 2 Filed 09/17/21 Page 2 of 2 PageID 158
#### BINGHAM v. STATE.

No. 22341.

Court of Criminal Appeals of Texas.

Dec. 16, 1942.

Aubrey Davee, of Brady, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

For unlawfully selling one-half pint of whisky in a dry area appellant was assessed a fine of $200.

There are no bills of exception accompanying the record. The uncontradicted testimony shows the sale of the whisky as alleged in the information.

The judgment of the trial court is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

Tony Jones

Plaintiffs,

 V.

City of Fort Worth, et al.

Defendant.

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION NO.

4:22-cv-00359-O

________________________________________________________________________

AMENDED NOTICE OF REMOVAL

________________________________________________________________________

Defendant, City of Fort Worth, hereby give amended notice pursuant to 28 U.S.C. 

§ 1446 and this Court’s Order [Doc. 19] that the above-styled action, filed in the 48th

Judicial District Court of Tarrant County, Texas, Cause Number 048-333132-22, is 

removed to the United States District Court for the Northern District of Texas, Fort Worth 

Division. The following grounds support removal in this action:

1. The district courts of the United States have original jurisdiction over this action 

because Plaintiffs’ claims arise under federal law. Plaintiffs have sued Defendant

for allegedly violating the Due Process Clause of the 14th Amendment to the 

U.S. Constitution. [See page 4 of Plaintiffs’ Original Petition]. Therefore, this 

Court has original jurisdiction over Plaintiffs’ claims pursuant to 28 U.S.C. §§ 

1331 and 1367; and, this action is removable pursuant to 28 U.S.C. § 1441(a).

2. On April 19, 2022, Plaintiff filed his Original Petition, which cited a federal 

cause of action. Defendants Eulises Gonzalez and Gilberto Gonzalez have been

Case 4:22-cv-00359-O Document 20 Filed 09/30/22 Page 1 of 2 PageID 189
AMENDED NOTICE OF REMOVAL

Tony Jones v CFW, et al. Page 2 of 2

served a copy of Plaintiff’s Original Petition, a default has been taken against 

them, therefore, this Notice of Removal is therefore timely filed.

3. Pursuant to the provisions of 28 U.S.C. § 1446(a), accompanying this Notice is 

a copy of all the process, pleadings, and orders served upon Defendant in this 

action.

4. Pursuant to Local Rule 81.1, this Amended Notice of Removal is accompanied by 

a completed Amended Civil Cover Sheet, an Amended Supplemental Civil Cover 

Sheet, an index of all documents filed in state court, a copy of the docket sheet in 

the state court action, each document filed in the state court action. A Certificate 

of Interested Persons has already been filed in compliance with Local Rule 3.2(e).

 Respectfully submitted,

s/ Lynn M. Winter

Lynn M. Winter

Senior Assistant City Attorney

State Bar No. 24078135

lynn.winter@fortworthtexas.gov

Harvey L. Frye Jr.

Senior Assistant City Attorney

State Bar No. 07496500

harvey.frye@fortworthtexas.gov

CITY OF FORT WORTH

Office of the City Attorney

200 Texas Street

Fort Worth, Texas 76102

P: 817.392.7600

F: 817.392.8359 

Attorneys for Defendant

City of Fort Worth

Case 4:22-cv-00359-O Document 20 Filed 09/30/22 Page 2 of 2 PageID 190
Case 5:22-cr-00034-H-BV Document 325 Filed 07/06/22 Page 1 of 2 PageID 721
Case 5:22-cr-00034-H-BV Document 325 Filed 07/06/22 Page 2 of 2 PageID 722