alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### R E : P i o P i c o PS D A pp li c a t i on V i s i b ili t

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o: S t e v e H ill 04 / 03 / 2012 01 : 47 PM

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#### In the Matter of Alfred Hess, Appellant, v Bridgette Flint, Respondent.

[773 NYS2d 701]

Appeal from an order of the Family Court, Wyoming County (Michael F. Griffith, J.), entered October 9, 2002. The order held respondent in contempt of a prior order and modified a prior visitation order.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: The order appealed from is based upon a stipulation entered into by the parties and placed on the record in open court, “and no appeal lies from an order entered upon consent” *(Matter of Desmond S.,*285 AD2d 994, 994 [2001], *lv dismissed*97 NY2d 693 [2002]; *see Matter of Culton v Culton,*2 AD3d 1446 [2003]; *Matter of Misti Z.,*300 AD2d 1147 [2002]; *Matter of Cherilyn P.,*192 AD2d 1084 [1993], *lv denied*82 NY2d 652 [1993]). Present—Pine, J.P., Wisner, Scudder, Kehoe and Lawton, JJ.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

J. S.,

Appellant,

v.

TEXAS DEPARTMENT OF FAMILY

AND PROTECTIVE SERVICES,

Appellee. §

§

§

§

§

§ No. 08

- 1 3

- 00 354

- C V

Appeal from the

65th District Court

of El Paso County, Texas

(TC# 2012DCM03212)

O R D E R

It has come to the Court ’s attention that Volume I of the Clerk’s Record filed on

November 27, 2013, contains confidential documents unrelated to the case and must be removed.

Therefore, it is ordered that the El Paso County District Clerk prepare a corrected clerk’s record

that does not include pages 205

- 429 o f Volume I . The corrected clerk’s record must be filed on

or befo re October 23, 2014 . Upon receipt of the corrected clerk’s record the same will be

considered filed as of the date that the original record was filed and will be substitute d for the

original record.

IT IS SO ORDERED THIS 2ND DAY OF OCTOBER, 2014.

P ER CURIAM

Before McClure, C.J., Rodriguez, J., and Barajas, C.J. (Senior Judge)

Barajas, C.J. (Senior Judge)(Sitting by Assignment, Not Participating)
<PAGE>   1
                                                                    EXHIBIT 21.1

                              LIST OF SUBSIDIARIES


      The following is a list of all subsidiaries of the Company, jurisdiction
of incorporation or organization and the percentage of shares owned, directly
or indirectly, by the Company.


<TABLE>
<CAPTION>
                                             STATE OR OTHER
                                             JURISDICTION OF              PERCENTAGE OF
      NAME                                   INCORPORATION                SHARES OWNED
-----------                                  -------------                ------------
<S>                                            <C>                            <C>
Billing Concepts, Inc.                         Delaware                       100%
Enhanced Services Billing, Inc.                Delaware                       100%
Interlata Aviation, Inc.                       Texas                          100%
Computer Resources Management, Inc.            Texas                          100%
Computer Resources Management I, Inc.          Delaware                       100%
Billing Concepts Systems, Inc.                 Texas                          100%
</TABLE>
<TABLE> <S> <C>

<ARTICLE>           5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
TREX MEDICAL CORPORATION'S
QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD ENDED APRIL 1,2000
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>        1,000

<S>                              <C>
<PERIOD-TYPE>                                 6-MOS
<FISCAL-YEAR-END>                             OCT-02-1999
<PERIOD-END>                                  APR-03-1999
<CASH>                                                  8,629
<SECURITIES>                                                0
<RECEIVABLES>                                          56,976
<ALLOWANCES>                                            2,993
<INVENTORY>                                            82,772
<CURRENT-ASSETS>                                      159,857
<PP&E>                                                 31,443
<DEPRECIATION>                                         12,583
<TOTAL-ASSETS>                                        296,259
<CURRENT-LIABILITIES>                                  61,503
<BONDS>                                                   514
<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
<COMMON>                                                  341
<OTHER-SE>                                            225,382
<TOTAL-LIABILITY-AND-EQUITY>                          296,259
<SALES>                                               125,115
<TOTAL-REVENUES>                                      125,115
<CGS>                                                  85,769
<TOTAL-COSTS>                                          85,769
<OTHER-EXPENSES>                                       11,203
<LOSS-PROVISION>                                          533
<INTEREST-EXPENSE>                                        169
<INCOME-PRETAX>                                        (9,255)
<INCOME-TAX>                                           (3,535)
<INCOME-CONTINUING>                                    (5,695)
<DISCONTINUED>                                              0
<EXTRAORDINARY>                                             0
<CHANGES>                                                   0
<NET-INCOME>                                           (5,695)
<EPS-BASIC>                                           (0.17)
<EPS-DILUTED>                                           (0.17)


</TABLE>
**EXHIBIT 11.1**

 

**DUKE REALTY LIMITED PARTNERSHIPEARNINGS TO FIXED CHARGES CALCULATION(in thousands)**

 
|                                                                                                          |   | **Three  Months  Ended March 31, 2004** |   |
|---------------------------------------------------------------------------------------------------------------|--------|-----------------------------------------|--------|
|                                                                                                          |   |                                    |   |
| Net income from continuing operations, less  preferred dividends                                              |   | $                                       | 35,932 |   |
| Preferred dividends                                                                                           |   | 7,600                                   |   |
| Earnings from sale of land and ownership  interests in unconsolidated companies, net of impairment adjustment |   | (4,629                                  | )      |
| Interest expense                                                                                              |   | 33,222                                  |   |
| Earnings before fixed charges                                                                                 |   | $                                       | 72,125 |   |
|                                                                                                          |   |                                    |   |
| Interest expense                                                                                              |   | $                                       | 33,222 |   |
| Preferred dividends                                                                                           |   | 7,600                                   |   |
| Interest costs capitalized                                                                                    |   | 1,890                                   |   |
| Total fixed charges                                                                                           |   | $                                       | 42,712 |   |
|                                                                                                          |   |                                    |   |
| **Ratio of earnings to combined fixed charges  and preferred dividends**                                      |   | **1.69**                                |   |
|                                                                                                          |   |                                    |   |
| **Ratio of earnings to fixed charges**                                                                        |   | **2.05**                                |   |

 

----
# Equity in Implementation of the Inflation Reduction Act

## Breadcrumb

-  Home 
-  About NRCS 
-  Priorities 
-  Equity 
-  Equity in Implementation of the Inflation Reduction Act 

The Inflation Reduction Act (IRA) Of 2022 is an historic investment in climate and conservation agriculture. Chief Cosby’s position is that “the first priority is to ensure that equity is present in the delivery and implementation of all NRCS programs and services.”

## How is NRCS implementing the Inflation Reduction Act?

The Inflation Reduction Act (IRA) of 2022 is an historic investment in climate and conservation agriculture. Chief Cosby’s position is that “the first priority is to ensure that equity is present in the delivery and implementation of all NRCS programs and services.” NRCS has developed an IRA Implementation Strategy that incorporates Equity into methodology for program outreach and delivery. The IRA investment of $20 billion falls within traditional working lands conservation programs, or programs that are designed to support producers making changes to their operations that improve conservation outcomes on their farms. The IRA funds four key conservation programs: the Conservation Stewardship Program (CSP), the Environmental Quality Incentives Program (EQIP), the Agricultural Conservation Easement Program (ACEP), and the Regional Conservation Partnership Program (RCPP).

### For more information:

              - **USDA press release** – “USDA Announces New Opportunities to Improve Nutrient Management: Historic funding from Inflation Reduction Act an unprecedented investment in American agriculture” 
              - **Congressional Research Service*****Insight***– “Inflation Reduction Act: Agricultural Conservation and Credit, Renewable Energy, and Forestry” 
              - **White House fact sheet** – “Inflation Reduction Act Advances Environmental Justice” 
              - **White House fact fheet** – “How the Inflation Reduction Act Helps Rural Communities” 

##   Related Content

Inflation Reduction Act
The Inflation Reduction Act – part of President Biden's Investing in America agenda – represents the single largest investment in climate and clean energy solutions in American history.
#### Madson, Respondent, vs. Schlough, Appellant.

For the appellant: *Dean & Dean*of Glenwood City.

For the respondent: *Willis E. Donley*of Menomonie.

*By the Court.*

Judgment affirmed.
# C_2004314EN.01000901.xml

| 18.12.2004 | EN | Official Journal of the European Union | C 314/9 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

C 314/9

---

Action brought on 4 November 2004 by the Commission of the European Communities against the Hellenic Republic

(Case C-468/04)

(2004/C 314/18)

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 4 November 2004 by the Commission of the European Communities, represented by Georgios Zavvos and Arnaud Bordes, members of the Commission's Legal Service.

The applicant claims that the Court should:

| — | declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2002/33/EC (1) of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products, and in any event by failing to inform the Commission thereof, the Hellenic Republic has failed to fulfil its obligations under that directive. |
| --- | --- |

—

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2002/33/EC (1) of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products, and in any event by failing to inform the Commission thereof, the Hellenic Republic has failed to fulfil its obligations under that directive.

1

| — | order the Hellenic Republic to pay the costs. |
| --- | --- |

—

order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive into national law expired on 30 April 2003.

---

(1)  
  OJ L 315 of 31.10.2002, p. 14.

1

---
EXHIBIT 32.b



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of BCTC IV Assignor Corp. (the "registrant") on Form 10-Q for the period ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Marc N. Teal, Principal Financial Officer of the registrant, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge, after due inquiry:



|(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 registrant.



|             |  |                            
|------------ |  | ---------------------------
|Date:        |  |                            
|May 14, 2010 |  | /s/ Marc N. Teal           
|             |  |                            
|             |  | Marc N. Teal               
|             |  | Principal Financial Officer
|             |  |                            
|             |  |                            
|             |  |                            

A signed original of this written statement required by Section 906, or other

document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 10.5





                               Promissory Note
$ 50,000.00 USD                Temple, Texas                   Date April 23, 01



FOR VALUE RECEIVED, after date, without grace, in the manner, on the dates, and
in the amounts so herein stipulated, the Undersigned, Communicate Now.com Inc.

PROMISE TO PAY TO THE ORDER OF : David Hancock, At Temple, Texas in Bell County 

                 THE SUM OF FIFTY THOUSAND DOLLARS ($50,000.00)

In lawful money of the United States of America, which shall be legal tender, in
payments of all debts and dues, public and private at the time of payment, and
to pay interest thereon from the date until maturity at the rate of 6.5% per
annum, payable as stipulated herein.

THIS NOTE IS DUE AND PAYABLE AS FOLLOWS TO WIT:

FIFTY THOUSAND DOLLARS ($50,000.00) principal due in one year (on or before
April 23, 2002). Interest of 270.83 per month due monthly beginning on May 23,
2001.

IT IS AGREED that time is of the essence of this agreement, and that in the
event of default in the payment of any installment of principal or interest when
due, the holder of this note may declare the entirety of the evidenced herby due
and payable without notice, and failure to exercise said option shall not
constitute a waiver on part of the holder of the right to exercise the same at
any other time.

IN THE EVENT of default in the making of any payment herein provided, either or
principal or interest, or in the event the entirety of said note evidenced
hereby is declared due, interest shall accrue at the rate of 10.0% per annum
from such time.

THE UNDERSIGNED HEREBY AGREES to pay all expenses incurred, including an
additional 10.0% on the amount of principal and interest hereof as attorney's
fees, all of which shall become part of the principal hereof, if this note is
placed in the hands of an attorney for collection, or if collected by suite or
through any probate, bankruptcy or other legal proceedings,

EACH MAKER, SURETY and endorser waives demand, grace, notice, presentment for
payment, and protest and agrees and consents that this note an the liens
securing its payment, may be renewed, and the time of payment extended without
notice, and without releasing any of the parties.


                             CommunicateNow.Com Inc.

                            David Hancock, President
# C_2004228EN.01003302.xml

| 11.9.2004 | EN | Official Journal of the European Union | C 228/33 |
| --- | --- | --- | --- |

11.9.2004

EN

Official Journal of the European Union

C 228/33

---

Action brought on 27 July 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg

(Case C-320/04)

(2004/C 228/69)

An action against the Grand Duchy of Luxembourg was brought before the Court of Justice of the European Communities on 27 July 2004 by the Commission of the European Communities, represented by D. Martin, acting as Agent, with an address for service in Luxembourg.

The Commission of the European Communities claims that the Court should:

| — | declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
| --- | --- |

—

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

1

| — | order the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

—

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive expired on 19 July 2003.

---

(1)  OJ L 180, 19.7.2000, p. 22.

1

---
* 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.

United States Court of Appeals

Fifth Circuit

FILED

September 27, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-20898

Summary Calendar

ROBERT HOLZWARTH,

Petitioner-Appellant,

versus

NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL

JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:03-CV-3246

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

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Robert Holzwarth, Texas prisoner # 747140, was convicted of

aggravated sexual assault after a jury trial and was sentenced to

18 years of imprisonment and fined $5,000. He appeals the

district court’s denial of his 28 U.S.C. § 2254 application. We

granted a certificate of appealability to determine whether

Holzwarth received ineffective assistance of counsel during the

punishment phase of trial due to his counsel’s failure to

investigate the victim’s medical records. The medical records
No. 04-20898

-2-

could have been used to impeach the victim’s testimony that she

had contracted genital warts, suffered a miscarriage, and had to

have a hysterectomy following the assault.

Under the Antiterrorism and Effective Death Penalty Act, a

state court’s adjudication of an issue on the merits is entitled

to deference. Hill v. Johnson, 210 F.3d 481, 485 (5th Cir.

2000). The petitioner has the burden of rebutting the state

court’s findings by clear and convincing evidence. § 2254(e)(1). 

We must defer to the state court’s decision unless it “was

contrary to, or involved an unreasonable application of, clearly

established Federal law” or “resulted in a decision that was

based on an unreasonable determination of facts in light of the

evidence presented in the State court proceeding.” § 2254(d)(1)

& (d)(2); see Price v. Vincent, 538 U.S. 634, 639 (2003). 

Holzwarth has not met his burden of showing that the state

court’s determination that he was not prejudiced by counsel’s

failure to investigate the victim’s medical records was

unreasonable. See § 2254(e)(1); Strickland v. Washington, 466

U.S. 668, 687, 694, 697 (1984). Accordingly, we affirm the

denial of Holzwarth’s § 2254 application. 

AFFIRMED.