alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### REYES et al. v. A. O. KOLBERG, Inc.

No. 9909.

Court of Civil Appeals of Texas. San Antonio.

Jan. 6, 1937.

Rehearing Denied Feb. 3, 1937.

*352Kelley, Looney & Norvell, of Edinburg, for appellants.

Cecil R. Fulton, of McAllen, for ap-pellee.

MURRAY, Justice.

This is an action in trespass to try title brought by appellee, A. 0. Kolberg, Inc., against Nasaria Cano Gonzales de Reyes and her children, Benito Reyes, Otilia Reyes, Simon Reyes, Rafael Reyes, and Aniceto Reyes, for the recovery of share No. 2, consisting of 19.20 acres of land, out of a larger tract of 96 acres of certain lands in the Llano Grande grant in Hidalgo county, Tex.

Appellants Otilia Reyes, Simon Reyes, Rafael Reyes, and Aniceto Reyes claimed a four-sixth’s interest in said share No. 2 by reason of their names appearing in a certain partition deed'executed by their mother, Nasaria Cano Gonzales de Reyes, and four of her sisters and brothers.

The case is submitted upon an agreed statement of facts which clearly shows that appellants have no interest in share No. 2, unless they acquired same by reason of their names appearing in the partition deed between their mother and her sisters and brothers.

The paragraph of the partition deed in which appellants’ names appear reads as follows:

> “Second: Nasaria Cano Gonzales de Reyes a widow, Aniceto Reyes, Jacinto Reyes; Otila Reyes; Simon Reyes, Jr.; Rafael Reyes; shall from henceforth have, hold, possess and enjoy in severalty by themselves and to their heirs and assigns, the tract of land herein described, being a part of the above described ninety-six acres of land, said tract being numbered as Share No. 2, and containing nineteen and 20/100 acres of land, more or less, for their part, share interest and proportion of the said land premises, which said land now partitioned to the said second párty is described by metes and bounds as follows.”

It is settled law that a partition deed or agreement does not pass title but simply sets over to those who already have a title or interest in the property, a definite portion of the property theretofore owned or held in common. Davis v. Agnew, 67 Tex. 206, 2 S.W. 43, 376; Grigsby v. Peak, 68 Tex. 235, 4 S.W. 474, 2 Am.St.Rep. 487; Jones v. State (Tex.Com.App.) 5 S.W.(2d) 973.

Prior to the partition deed, appellants did not own any part of the land, but, on the contrary, it belonged to their mother, and the mention of their names as joint grantees with their mother in the deed of partition did not have the effect of investing in them any title or interest in the land. Whitsett v. Wamack, 159 Mo. 14, 59 S.W. 961, 81 Am.St.Rep. 339; Snyder v. Elliott, 171 Mo. 362, 71 S.W. 826.

We therefore conclude fhat the trial court properly rendered judgment in favor of appellee and against appellants. Accordingly, the judgment will be in all things affirmed.
# C_2022100EN.01003801.xml

| 1.3.2022 | EN | Official Journal of the European Union | C 100/38 |
| --- | --- | --- | --- |

1.3.2022

EN

Official Journal of the European Union

C 100/38

---

Information communicated by Member States regarding closure of fisheries

(2022/C 100/06)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 17.12.2021 |
| --- | --- |
| Duration | 17.12.2021 - 31.12.2021 |
| Member State | France |
| Stock or Group of stocks | SOL/7HJK. |
| Species | Common sole (Solea solea) |
| Zone | 7h, 7j and 7k |
| Type(s) of fishing vessels | — |
| Reference number | 26/TQ92 |

Date and time of closure

17.12.2021

Duration

17.12.2021 - 31.12.2021

Member State

France

Stock or Group of stocks

SOL/7HJK.

Species

Common sole (Solea solea)

Zone

7h, 7j and 7k

Type(s) of fishing vessels

—

Reference number

26/TQ92

---

(1)  OJ L 343, 22.12.2009, p. 1.

---
# C_2022134EN.01003101.xml

| 25.3.2022 | EN | Official Journal of the European Union | C 134/31 |
| --- | --- | --- | --- |

25.3.2022

EN

Official Journal of the European Union

C 134/31

---

Prior notification of a concentration

(Case M.10531 – Santander/Mapfre/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 134/09)

1.

This notification concerns the following undertakings:

| — | Banco Santander, S.A. and its subsidiaries (‘Banco Santander’, Spain), |
| --- | --- |

—

Banco Santander, S.A. and its subsidiaries (‘Banco Santander’, Spain),

| — | Mapfre, S.A (‘Mapfre’, Spain). |
| --- | --- |

—

Mapfre, S.A (‘Mapfre’, Spain).

Banco Santander and Mapfre will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture (‘JV’).

The concentration is accomplished by way of purchase of shares.

2.

| — | Banco Santander is the parent of the Santander Group. Its core activities are retail banking, insurance, corporate banking, investment banking, asset management and treasury across Europe, as well as in the United States, Latin America and Asia. |
| --- | --- |

—

Banco Santander is the parent of the Santander Group. Its core activities are retail banking, insurance, corporate banking, investment banking, asset management and treasury across Europe, as well as in the United States, Latin America and Asia.

| — | Mapfre is the parent company of the Mapfre Group, present in the insurance and reinsurance sectors in 44 countries across the world. |
| --- | --- |

—

Mapfre is the parent company of the Mapfre Group, present in the insurance and reinsurance sectors in 44 countries across the world.

| — | The JV is intended to be active in the Spanish market for retail banking services, particularly, in the commercialisation of reverse mortgages to individuals. |
| --- | --- |

—

The JV is intended to be active in the Spanish market for retail banking services, particularly, in the commercialisation of reverse mortgages to individuals.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10531 – Santander/Mapfre/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---
# C_2022286EN.01002201.xml

| 27.7.2022 | EN | Official Journal of the European Union | C 286/22 |
| --- | --- | --- | --- |

27.7.2022

EN

Official Journal of the European Union

C 286/22

---

Notice for the attention of persons and entities subject to the restrictive measures provided for in Council Decision (CFSP) 2015/1333, as implemented by Council Implementing Decision (CFSP) 2022/1315, and in Council Regulation (EU) 2016/44, as implemented by Council Implementing Regulation (EU) 2022/1308, concerning restrictive measures in view of the situation in Libya

(2022/C 286/04)

The following information is brought to the attention of the persons and entities designated in Annexes II and IV to Council Decision (CFSP) 2015/1333 (1), as implemented by Council Implementing Decision (CFSP) 2022/1315 (2), and in Annex III to Council Regulation (EU) 2016/44 (3), as implemented by Council Implementing Regulation (EU) 2022/1308 (4), concerning restrictive measures in view of the situation in Libya.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IV to Regulation (EU) 2016/44, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 8 of the Regulation).

The persons and entities concerned may submit a request to the Council before 15 May 2023, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered. Any such request should be sent to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1. |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| Belgique/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

Belgique/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 17(2) of Decision (CFSP) 2015/1333 and Article 21(6) of Regulation (EU) No 2016/44, of the list of designated persons and entities.

The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 206, 1.8.2015, p. 34.

(2)  OJ L 198, 27.7.2022, p. 19.

(3)  OJ L 12, 19.1.2016, p. 1.

(4)  OJ L 198, 27.7.2022, p. 1.

---
exv10w1



 






Exhibit 10.1




FIRST AMENDMENT

TO

TRANSPORTATION SERVICES AGREEMENT



     THIS FIRST AMENDMENT TO TRANSPORTATION SERVICES AGREEMENT made and entered
into as of as of November 5, 2004, but effective July 1, 2004, by and between
MARTIN OPERATING PARTNERSHIP L.P., a Delaware limited partnership (“Owner”),
and MIDSTREAM FUEL SERVICE LLC, an Alabama limited liability company
(“Charterer”).



WITNESSETH:



     WHEREAS, Owner and Charterer have entered into that certain Transportation
Services Agreement, dated December 23, 2003 (the “Agreement”); and



     WHEREAS, Owner and Charterer desire to amend the Agreement to reflect the
addition of a fuel surcharge, effective as of July 1, 2004;



     NOW, THEREFORE, Owner and Charterer hereby amend the Agreement as follows:



     A new Section 10 shall be added as follows:



	 	 	 
	“10. FUEL SURCHARGE     

	 	Effective as of July 1, 2004, a fuel surcharge (the “Fuel
Surcharge”) shall be charged by Owner to Charterer for transportation
provided to Charterer. The Fuel Surcharge shall be based on the actual
gallons of diesel fuel consumed during such transportation multiplied by
the difference between (i) the Platt’s Gulf Coast Waterborne Low average
for No. 2 Heating Oil for 2003 and (ii) the Platt’s Gulf Coast Waterborne
Low average for No. 2 Heating Oil for the then current month.”







     Except as amended hereby, all other terms and conditions of the Agreement
remain intact and valid.



 









 





     EXECUTED, as of the date first set forth above.



	 	 	 	 	 	 	 	 	 
	 	 	MARTIN OPERATING PARTNERSHIP L.P.
	 
	 	 	 	 	 	 	 	 
	 	 	By: Martin Operating GP
LLC, Its General Partner
	 
	 	 	 	 	 	 	 	 
	 	 	By: Martin Midstream Partners L.P., Its Sole Member
	 
	 	 	 	 	 	 	 	 
	 	 	By: Martin Midstream GP LLC, Its General Partner
	 
	 	 	 	 	 	 	 	 
	

	 	By:	 /s/
Ruben S. Martin
	 	 	Name:	 Ruben S. Martin
	 	 	Title:	 CEO
and President
	 
	 	 	 	 	 	 	 	 
	 	 	MIDSTREAM FUEL SERVICE LLC
	 
	 	 	 	 	 	 	 	 
	 	 	By: Martin Resource Management Corporation, Its Sole Member
	 
	 	 	 	 	 	 	 	 
	

	 	By:	 Ruben S. Martin
	 	 	Name:	 Ruben S. Martin
	 	 	Title:	 CEO
and President
114TH CONGRESS 

2D SESSION H. R. 2857 

AN ACT 

To facilitate the addition of park administration at the 

Coltsville National Historical Park, 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, 
2 

•HR 2857 EH

1 SECTION 1. AMENDMENT TO COLTSVILLE NATIONAL HIS2 TORICAL PARK DONATION SITE. 

3 Section 3032(b) of Public Law 113–291 (16 U.S.C. 

4 410qqq) is amended— 

5 (1) in paragraph (2)(B), by striking ‘‘East Ar6 mory’’ and inserting ‘‘Colt Armory Complex’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(4) ADDITIONAL ADMINISTRATIVE CONDI9 TIONS.—No non-Federal property may be included 

10 in the park without the written consent of the 

11 owner. The establishment of the park or the man12 agement of the park shall not be construed to create 

13 buffer zones outside of the park. That activities or 

14 uses can be seen, heard or detected from areas with15 in the park shall not preclude, limit, control, regu16 late, or determine the conduct or management of ac17 tivities or uses outside of the park.’’. 

Passed the House of Representatives March 22, 

2016. 

Attest: 

Clerk. 

114TH CONGRESS 

2D SESSION H. R. 2857 

AN ACT 

To facilitate the addition of park administration at 

other purposes. the Coltsville National Historical Park, and for
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF TIB FINANCIAL CORPORATION FOR THE YEAR ENDED DECEMBER
31, 1996, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                      12,109,935
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             1,810,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 36,490,481
<INVESTMENTS-CARRYING>                      14,387,276
<INVESTMENTS-MARKET>                        14,691,930
<LOANS>                                    164,544,622
<ALLOWANCE>                                  1,929,719
<TOTAL-ASSETS>                             241,050,553
<DEPOSITS>                                 204,983,580
<SHORT-TERM>                                11,091,426
<LIABILITIES-OTHER>                          2,354,630
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       432,236
<OTHER-SE>                                  22,188,681
<TOTAL-LIABILITIES-AND-EQUITY>             241,050,553
<INTEREST-LOAN>                             15,037,810
<INTEREST-INVEST>                            3,395,519
<INTEREST-OTHER>                                69,420
<INTEREST-TOTAL>                            18,502,749
<INTEREST-DEPOSIT>                           6,208,928
<INTEREST-EXPENSE>                           6,506,760
<INTEREST-INCOME-NET>                       11,995,989
<LOAN-LOSSES>                                  240,000
<SECURITIES-GAINS>                              18,478
<EXPENSE-OTHER>                             10,747,947
<INCOME-PRETAX>                              4,791,967
<INCOME-PRE-EXTRAORDINARY>                   3,202,967
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,202,967
<EPS-PRIMARY>                                      .75
<EPS-DILUTED>                                      .72
<YIELD-ACTUAL>                                    5.83
<LOANS-NON>                                    430,000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,700,823
<CHARGE-OFFS>                                   11,734
<RECOVERIES>                                       630
<ALLOWANCE-CLOSE>                            1,929,719
<ALLOWANCE-DOMESTIC>                         1,929,719
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 21-1310

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Altedias Maurice Campbell

lllllllllllllllllllllDefendant - Appellant

 ____________

Appeal from United States District Court 

for the Northern District of Iowa - Eastern

 ____________

Submitted: November 29, 2021

Filed: December 2, 2021

[Unpublished]

____________

Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges.

____________

PER CURIAM.

Altedias Campbell appeals after the district court1 denied his motion seeking

a sentence reduction under the First Step Act. His counsel has moved for leave to

withdraw, and has filed a brief challenging the denial. 

1The Honorable C.J. Williams, United States District Judge for the Northern

District of Iowa.
Upon careful review, we conclude that the district court correctly found that

Campbell was ineligible for relief under the First Step Act. See Terry v. United

States, 141 S. Ct. 1858, 1863-64 (2021) (because Fair Sentencing Act did not modify

statutory penalties for § 841(b)(1)(C), a conviction under that section is not a covered

offense for purposes of the First Step Act); United States v. McDonald, 944 F.3d 769,

771 (8th Cir. 2019) (defendant’s eligibility for reduced sentence under First Step Act

is reviewed de novo).

Accordingly, we affirm the judgment of the district court and grant counsel

permission to withdraw.

______________________________

-2-
* 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

August 23, 2005

Charles R. Fulbruge III

Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-10143

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN VILLANUEVA PRONES, also known

as Gustavo Aguirre,

Defendant-Appellant.

-------------------- Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:04-CR-37-ALL

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

Before JONES, WIENER, and DeMOSS, Circuit Judges.

PER CURIAM: *

Juan Villanueva Prones appeals the sentence imposed following

his guilty-plea conviction for illegal reentry after deportation in

violation of 8 U.S.C. § 1326(a) and (b)(2). He argues that the

district court’s enhancement of his sent ence under United States

Sentencing Guideli nes § 2L1.2(b)(1)(C) violated U nited States v.

Booker

, 125 S. Ct. 738 (2005). H e also argues that considering his

prior state convicti on as an aggravated felony under U.S.S.G. §2

2L1.2(b)(1)(C) was an erroneous application of the federal

sentencing guidelines.

We review Prones’s first issue de novo. S ee United States v.

Pineiro

, 410 F.3d 282, 285 (5th Cir. 2005). The government

concedes that Prones preserved a Booker error but argues that

because the district court expressly refused to run the appellant’s

24-month guidelines sentence concurrently with his state court

sentence, there could not have been harmful error. Under the

circumstances of this case, the district court’s conscious decision

not to award a concurrent sentence persuades us that any Booker

error was harmless beyond a reasonable doubt. U nited States v.

Mares , 402 F.3d 511, 518 (5 th Cir. 2005).

We review Prones ’s second issue for plain error. U nited

States v. Garcia-Cantu , 302 F.3d 308, 310 (5th Cir. 2002).

Prones concedes that his second argument is foreclosed by circuit

precedent, and he raises it to preserve it for possible further

review by this court en banc or by the Supreme Court. The argument

is foreclosed. A state felony conviction for simple possession of

a controlled substance is an aggravated felony for U.S.S.G. § 2L1.2

purposes, even though such a conviction is a misdemeanor under

federal law. S ee Hinojo sa-Lopez , 130 F.3d at 693-94. J erome v.

United States

, 318 U.S. 101 (1943), does not affect this court’s

binding precedent. Accordingly, Prones’s sentence is AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary information extracted from the condensed
consolidated financial statements of Showboat Marina Casino Partnership
for the period ended March 31, 1998,  and is  qualified in its entirety
by reference to such financial statements.
</LEGEND>
<CIK> 0001013788
<NAME> SHOWBOAT MARINA CASINO PARTNERSHIP
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           8,316
<SECURITIES>                                         0
<RECEIVABLES>                                      972
<ALLOWANCES>                                       113
<INVENTORY>                                        347
<CURRENT-ASSETS>                                10,514
<PP&E>                                         168,094
<DEPRECIATION>                                  10,830
<TOTAL-ASSETS>                                 186,128
<CURRENT-LIABILITIES>                           22,645
<BONDS>                                        140,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      12,969
<TOTAL-LIABILITY-AND-EQUITY>                   186,128
<SALES>                                         46,343
<TOTAL-REVENUES>                                46,534
<CGS>                                                0
<TOTAL-COSTS>                                   24,155
<OTHER-EXPENSES>                                19,069
<LOSS-PROVISION>                                   163
<INTEREST-EXPENSE>                               5,475
<INCOME-PRETAX>                                (2,129)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,129)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,129)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>