alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the court has det ermined that this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-50801

Summary Calendar

DONALD C. THOMAS, JR.

Plaintiff-Appellant,

versus

ABBOTT BUILDING COMPANY; ABBOTT BUILDING

COMPANY OF SAN ANGELO INCORPORATED;

H. EUGENE ABBOTT; RICHARD E. ABBOTT;

TIMOTHY J. HODGENS; DON THOMAS;

Defendants-Appellees.

Appeal from the United States District Court

For the Western District of Texas

(MO-96-CV-44)

May 21, 1997

Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Plaint iff Donald C. Thomas appeals the dist r ict court’s grant of summary judgment on his

R.I.C.O. suit against the defendants. In Plaintiff’s own words, his R.I.C.O. claim is predicated on

alleged acts by defendants in a “scheme to deceive the Bankruptcy Court, defraud Appellant and [the]2

cre dit o rs,” in the Abbott Development Company bankruptcy. Plaintiff’s claim is based on the

assertion that one of defendants’ representations to the bankruptcy court was u ntrue, and that the

Bankruptcy court’s reliance on this misrepresentation caused it to refuse a plan under which Plaint iff

would have assumed ownership and control of the bankrupt company. However, as Plaintiff candidly

acknowledges, he was a participant in the bankruptcy court and was represented by counsel there.

Almost eleven months passed between this “misrepresentation” to the bankruptcy court and the

ultimate approval of the reorganization plan. Plaintiff points to nothing that might have prevented

him from raising this issue in the bankruptcy court, or on direct appeal of the reorganization plan.

This court has often recognized the importance of finalit y in bankruptcy judgments. M atter

of Baudoin , 981 F.2d 736 (5th Cir. 1993). Accordingly, we apply a traditional test for matters res

judicata in the bankruptcy context. “An arrangement confirmed by a bankruptcy court has the effect

of a judgment rendered by a district court. Any attempt by the parties to re-litigate any of the matters

that were raised or could have been raised therein is barred by the doctrine of res judicata

. ” I d.

(emphasis original). We may affirm the district court on any basis supported by the record. Little

v. Liquid Air Corp.

, 37 F.3d 1069, 1079 (5th Cir. 1994) (en banc); Morales v. Department of Army

,

947 F.2d 766 (5th Cir. 1991). We affirm the dist rict court’s grant of summary judgment because

Plaint iff’s claims are barred by res judicata

. Accordingly, we decline to review Plaintiff’s claims that

the bankruptcy court’s approval of a reorganization p lan not to Plaintiff’s liking was the result of

R.I.C.O. violations sufficient to confer standing on Plaintiff.

AFFIRMED.
<PAGE>

32.1              Certification of the Chief Executive Officer and Chief
                  Financial Officer of VOXEL pursuant to Section 906 of
                  the Sarbanes Oxley Act of 2002


                            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 on Form 10-Q of VOXEL (the "Company")
for the quarter ended June 30, 2008 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), the undersigned Michael Anthony,
Chief Executive Officer and Chief Financial Officer of VOXEL, 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 Company.

Dated: August 6, 2008

                                      /s/Michael Anthony
                                      ----------------------
                                      Michael Anthony
                                      Chief Executive Officer

                                      /s/ Michael Anthony
                                      ----------------------
                                      Michael Anthony
                                      Chief Financial Officer
III 

114TH CONGRESS 

2D SESSION S. RES. 548 

Celebrating the 40th anniversary of the National Aeronautics and Space 

Administration’s Viking Mission Landing on the surface of Mars. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2016 

Mr. NELSON (for himself, Mr. DURBIN, Mr. THUNE, Mr. PETERS, and Mr. 

CRUZ) submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Celebrating the 40th anniversary of the National Aeronautics 

and Space Administration’s Viking Mission Landing on 

the surface of Mars. 

Whereas Viking 1 launched from Cape Canaveral, Florida, on 

August 20, 1975; 

Whereas Viking 1 spent nearly a year in space before it landed on the surface of Mars on July 20, 1976, on the western slope of the Chryse Planitia at 22.3 degrees north 

latitude and 48.0 degrees longitude; 

Whereas the Viking 1 Lander was the first American spacecraft to land on Mars and the first spacecraft of any nation to successfully land on Mars and perform its mission; 


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2 

SRES 548 ATS 

Whereas the United States remains to this day the only nation to successfully land on the surface of Mars and 

transmit images back to Earth; 

Whereas the Viking Mission produced over 4,500 photographs of the surface of Mars, including the first color 

images of the surface of Mars; 

Whereas the Viking Mission produced the first scientific data 

from the surface of Mars; 

Whereas the Viking orbiters mapped 97 percent of the Martian surface; 

Whereas the Viking 1 Lander continued its mission for 2,307 

days; 

Whereas the Viking Mission was NASA’s first comprehensive 

mission to seek evidence that Mars could have the potential to support life, and it discovered that Mars has an 

environment modified by the interaction with water and 

complex surface chemistry; 

Whereas the Viking Mission revolutionized our scientific understanding of the Red Planet, led to future exploration 

of Mars and the Solar System, and was one of the first 

stepping stones for the human exploration of Mars: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) commends the National Aeronautics and 

3 Space Administration and the academic and indus4 try contributors to the Viking Mission for leading 

5 the way in the exploration of Mars; 

6 (2) recognizes the importance of the Viking 

7 Mission to the long-term exploration of the solar sysVerDate Sep 11 2014 04:04 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SR548.ATS SR548

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3 

SRES 548 ATS 

1 tem by the National Aeronautics and Space Admin2 istration and to the search for life beyond Earth; 

3 (3) encourages the National Aeronautics and 

4 Space Administration to continue on the path to 

5 landing American astronauts on the surface of Mars; 

6 and 

7 (4) encourages the National Aeronautics and 

8 Space Administration and the American scientific 

9 community to continue to promote space exploration 

10 and scientific discovery across the solar system. 

Æ 


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```

[Congressional Record Volume 154, Number 184 (Tuesday, December 9, 2008)]
[Extensions of Remarks]
[Pages E2346-E2347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                    HONORING RYAN RUSSELL DONALDSON

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Tuesday, December 9, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Ryan Russell 
Donaldson of Liberty, Missouri. Ryan is a very special young man who 
has exemplified the finest

[[Page E2347]]

qualities of citizenship and leadership by taking an active part in the 
Boy Scouts of America, Troop 1376, and earning the most prestigious 
award of Eagle Scout.
  Ryan has been very active with his troop, participating in many Scout 
activities. Over the many years Ryan has been involved with Scouting, 
he has not only earned numerous merit badges, but also the respect of 
his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Ryan 
Russell Donaldson for his accomplishments with the Boy Scouts of 
America and for his efforts put forth in achieving the highest 
distinction of Eagle Scout.

                          ____________________
```
IA 

115TH CONGRESS 

2D SESSION H. J. RES. 143 

Making further continuing appropriations for fiscal year 2019, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2018 

Mr. FRELINGHUYSEN submitted the following joint resolution; which was 

referred to the Committee on Appropriations 

JOINT RESOLUTION 

Making further continuing appropriations for fiscal year 

2019, and for other purposes. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That division C of Public Law 115–245 is amended— 

4 (1) by striking the date specified in section 

5 105(3) and inserting ‘‘December 21, 2018’’; and 

6 (2) by adding at the end (before the short title) 

7 the following: 

8 ‘‘SEC. 136. Sections 1309(a) and 1319 of the Na9 tional Flood Insurance Act of 1968 (42 U.S.C. 4016(a) 

10 and 4026) shall be applied by substituting the date speciVerDate Sep 11 2014 21:45 Dec 03, 2018 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HJ143.IH HJ143

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2 

•HJ 143 IH 

1 fied in section 105(3) of this Act for ‘December 7, 

2 2018’.’’. 

Æ 


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6080

CARL BROWN, Petitioner - Appellant, versus THOMAS CORCORAN; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District ofMaryland, at Greenbelt. Peter J. Messitte, District Judge. (CA97-1403-PJM) Submitted: April 21, 1998 Decided: June 22, 1998 Before WILKINS and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Carl Brown, Appellant Pro Se. John Joseph Curran, Jr., AttorneyGeneral, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate ofappealability and dismiss the appeal on the reasoning of the district court. Brown v. Corcoran , No. CA-97-1403-PJM (D. Md. Jan. 5, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 14, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on October 30, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 590 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-229, K2025-227.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-26350 Filed 11-13-24; 8:45 am]

BILLING CODE 7710-12-P
# Fourth Court of Appeals

**San Antonio, Texas**

JUDG MENT

No. 04

- 18

- 00552

- CV

Sheila OLBREI and Richard Olbrei,

Appellants

v.

Victoria COMAN aka Victoria Lemay aka Victoria Lane,

Appellee

From the County Court at Law No 1, Guadalupe County, Texas

Trial Court No. 2018CV0196

Honorable Robin V. Dwyer, Judge Presiding

BEFORE CHIEF JUSTICE MARION

, JUSTICE ANGELINI , AND JUSTICE BARNARD

In accordance with this court’s opinion of this date, the trial court’s judgment is

VACATED. No costs of appeal are taxed a gainst Appellant because she qualifies as indigent under

T EX

. R. A PP

. P. 20.

SIGNED October 31, 2018.

_________________________________ Sandee Bryan Marion, Chief Justice
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       2,095,449
<SECURITIES>                               135,286,220
<RECEIVABLES>                                7,428,273
<ALLOWANCES>                                 (309,746)
<INVENTORY>                                          0
<CURRENT-ASSETS>                           154,199,363
<PP&E>                                      17,444,401
<DEPRECIATION>                               4,265,064
<TOTAL-ASSETS>                             176,208,762
<CURRENT-LIABILITIES>                       88,418,296
<BONDS>                                     48,212,727
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,309,031
<OTHER-SE>                                  36,268,708
<TOTAL-LIABILITY-AND-EQUITY>               176,208,762
<SALES>                                     25,102,166
<TOTAL-REVENUES>                            33,552,135
<CGS>                                       16,471,348
<TOTAL-COSTS>                               16,471,348
<OTHER-EXPENSES>                             5,767,808
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           5,116,414
<INCOME-PRETAX>                              6,196,565
<INCOME-TAX>                                 1,739,616
<INCOME-CONTINUING>                          4,456,949
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,456,949
<EPS-PRIMARY>                                     1.29<FN>
<EPS-DILUTED>                                     1.12<FN>


<FN>Note: The Company has restated earnings per share to comply with the
provisions of SFAS No. 128. Basic earnings per share for the years ended
December 31, 1996 and 1995 were restated to $1.56 and $1.49, respectively.
Diluted earnings per share for the years ended December 31, 1996 and 1995 were
restated to $1.22 and $1.17, respectively.

</TABLE>
#### SAMUEL S. HARRISON AND OTHERS, *Executors, against*NANCY EVERETT AND OTHERS.

A provision in a will, allowing- a slave the privilege of choosing his own master, is not against the policy of the law.

Cause removed from the Court -of Equity for Caswell county.

John Everett-died in the county of Caswell, in the month •of June, 1858, und left a last will and testament, one clause of which is in the following words: “ I desire that my ne-groes shall have the privilege of selecting their masters, their value to be ascertained by two disinterested men, one selected by the master they may choose, and one by my executors.

The bill is filed by the executors for the direction of the Court, as to their duty arising Under this -clause of the will.

*jFowle,*for the plaintiff.

*Hill*and *J. W. Graves,*fot 'the defendant.

Battle, J.

The only question ilpon which a declaration of our opinion is ashed, at present, is whether that provision of the testator’s will, in which he expresses his desire that his slaves, whom he directs to he sold, shall have the privilege of choosing their own masters, the price to be as6ertained by two persons, to be chosen by the masters and the e-xecutors respectively, is consonant with law, and proper to be carried out by the executors. It is settled in this State that such a humane provision by a testator is not against the policy of our law, and ought to he observed. *Washington*v. *Blount,*8 Ired. *164Eq. 253; *Delap*v. *Delap,*2 Jones’ Eq. Rep. 290. The only argument against it, is that the slave is incapacitated by his condition, from making a choice of a master, or doing any other act which requires judgment and will, and that it has been so held in a sister State. "We have understood that it has been decided by the Court of Appeals in Yirginia, that a slave cannot elect to be free under a will authorising such a choice. We have very recently held directly the contrary; *(Redding*v. Findley, 4 Jones’ Eq. 216,) and are unable now to perceive any reason for changing that opinion.

Pee CueiáM, ■ Decree accordingly.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             833
<SECURITIES>                                         0
<RECEIVABLES>                                   53,543
<ALLOWANCES>                                       629
<INVENTORY>                                     56,790
<CURRENT-ASSETS>                               125,260
<PP&E>                                          89,434
<DEPRECIATION>                                  51,048
<TOTAL-ASSETS>                                 171,949
<CURRENT-LIABILITIES>                           74,460
<BONDS>                                            489
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            94
<OTHER-SE>                                      93,359
<TOTAL-LIABILITY-AND-EQUITY>                   171,949
<SALES>                                        274,414
<TOTAL-REVENUES>                               274,414
<CGS>                                          209,118
<TOTAL-COSTS>                                  209,118
<OTHER-EXPENSES>                                35,588
<LOSS-PROVISION>                                   214
<INTEREST-EXPENSE>                               1,557
<INCOME-PRETAX>                                 29,708
<INCOME-TAX>                                    10,704
<INCOME-CONTINUING>                             19,004
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    19,004
<EPS-PRIMARY>                                     2.11
<EPS-DILUTED>                                     2.11
        

</TABLE>
Congressional Record UNUM

E PLURIBUS

United States

of America PROCEEDINGS AND DEBATES OF THE 110th

 CONGRESS, SECOND SESSION

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

.

S10785 

Vol. 154 WASHINGTON, TUESDAY, DECEMBER 2, 2008 No. 181 

House of Representatives 

The House was not in session today. Its next meeting will be held on Saturday, January 3, 2009, at 11 a.m. 

Senate 

TUESDAY, DECEMBER 2, 2008 

(Legislative day of Thursday, November 20, 2008) 

The Senate met at 10:30 and 2 seconds 

a.m., on the expiration of the recess, 

and was called to order by the Honorable JON TESTER, a Senator from the 

State of Montana. 

f 

APPOINTMENT OF ACTING 

PRESIDENT PRO TEMPORE 

The PRESIDING OFFICER. The 

clerk will please read a communication 

to the Senate from the President pro 

tempore (Mr. BYRD). 

The legislative clerk read the following letter: 

U.S. SENATE, 

PRESIDENT PRO TEMPORE, 

Washington, DC, December 2, 2008. 

To the Senate: 

Under the provisions of rule I, paragraph 3, 

of the Standing Rules of the Senate, I hereby 

appoint the Honorable JON TESTER, a Senator from the State of Montana, to perform 

the duties of the Chair. 

ROBERT C. BYRD, 

President pro tempore. 

Mr. TESTER thereupon assumed the 

chair as Acting President pro tempore. 

f 

RECESS UNTIL FRIDAY, 

DECEMBER 5, 2008, AT 11 A.M. 

The ACTING PRESIDENT pro tempore. Under the previous order, the 

Senate stands in recess until Friday, 

December 5, 2008, at 11 a.m. 

Thereupon, the Senate, at 10:30 and 27 

seconds a.m., recessed until Friday, December 5, 2008, at 11 a.m. 


jbell on PROD1PC69 with SENATE
Occupational Safety and Health Review Commission
Commission Monthly Case Activity for May 2023

1. Cases Pending Beginning of Month							14

2. Cases Added to Docket									 1

UHS of Centennial Peaks LLC, dba Centennial Peaks Hospital
No. 19-1579 
Limited Remand Order from Tenth Circuit received on May 11, 2023	


3. Cases Subtracted from Docket								- 1
												
UHS of Centennial Peaks LLC, dba Centennial Peaks Hospital
No. 19-1579 
Final Order issued on May 30, 2023

			 
4. Total Cases Pending End of Month							14
Order entered July 18 , 2016

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 16

- 00319

- CV

NORTHERN FRAC PROPPA NTS, II, LLC, LAMSTE X MATERIAL HANDLING, LLC, JEFFRIES ALSTON, J & P CAP ITAL LLC, PATRICK A. TESSON, AND BADGER

MINING CORPORATION, Appellant s

V.

2011 NF HOLDINGS, LL C F/K/A NF HOLDINGS, LLC AND NORTHERN FRA C

PROPPANTS, LLC, SERI ES 1, Appellee s

On Appeal from the 162nd Judicial District Court

Dallas County, Texas
Trial Cour t Cause No. DC

- 15

- 01754



### O RDER

We GRANT the July 15, 2016 joint agreed motion for extension of time to file

appellants’ reply brief and ORDER the reply briefs filed no later than August 10, 2016

.

/s/ CRAIG STODDART

JUSTICE