alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ENRIQUEZ TRANSPORTATION, INC.,

JED TRANSPORATION, INC., SERGIO 

ENRIQUEZ, JULIANNA RICO, AND 

DAISY SANCHEZ,

 Appellants,

v.

ERAZMO MORALES SALAZAR,

 Appellee.

§

§

§

§

§

§

No. 08-13-00090-CV

Appeal from the

120th District Court

of El Paso County, Texas

(TC# 2009-1679)

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether the appeal should 

be dismissed for want of prosecution. Finding that Appellants have not filed a brief or a motion 

for extension of time to file a brief, we dismiss the appeal.

This Court possesses the authority to dismiss an appeal for want of prosecution when the 

Appellant has failed to file his brief in the time prescribed, and gives no reasonable explanation for 

such failure. TEX. R. APP. P. 38.8(a)(1); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63

(Tex.App. -- San Antonio 1998, no writ).

On June 20, 2013, the Clerk of the Court notified Appellants that their brief was past due 

and no motion for extension of time to file a brief had been received. The Clerk also informed the 
2

parties of the Court’s intent to dismiss the appeal for want of prosecution unless, within ten days of 

the notice, a party responded showing grounds to continue the appeal. No response has been 

received as of this date. We dismiss the appeal for want of prosecution. TEX. R. APP. P.

38.8(a)(1), 42.3(b).

GUADALUPE RIVERA, Justice

July 24, 2013

Before McClure, C.J., Rivera, and Rodriguez, JJ.
#### Martin, Administratrix, Appellant, vs. Chicago, Milwaukee & St. Paul Railway Company, Respondent.

*February 24*

March *14, 1916.*

*Appeal: Affirmance by divided court: Railroads: Death of employee.*

In an action for death of a railway employee who was run over by a car in defendant’s yards, a judgment upon a directed verdict for the defendant is affirmed by a divided court.

Appeal from a judgment of tbe circuit court for Milwaukee county: W. J..Turner, Circuit Judge.

*Afirmad.*

This action was brought by the plaintiff as administratrix of the estate of Jesse Martin, deceased, to recover for the death of her husband, said Jesse Martin, who was killed in the yards of the defendant November 8, 1913. The deceased was night switchman, and shortly after arriving at the yards on the evening in question was run over and killed by a car that was “shunted” over a team track by other cars that were “kicked” through the yards.

The complaint sets forth two causes of action. In one it was claimed that the plaintiff was entitled to the benefit of the federal Employers’ Liability Act. The two causes of action are based upon the negligence of the employees of the defendant. The answer puts in issue the allegations of the complaint, and further alleges that the deceased was killed because of his own carelessness and negligence. After the evidence was all in the court directed a verdict for the defendant. Judgment was entered accordingly in favor of the defendant, from which this appeal was taken.

Eor the appellant there was a brief by *Glichsmcm, Gold & Corrigan,*attorneys, and *Henry Mahoney,*of counsel, and oral argument by *Mr. W. L. Gold*and *Mr. Mahoney.*

Eor the respondent there was a brief by *O. H. Van Alstine, II. J. Killilea,*and *B. M. Trump,*and oral argument by *Mr. Trump*and *Mr. Killilea.*

*596KebwiN, J.

In this case tbe judgment of tbe court below must stand, because tbe five sitting justices are divided on tbe question as to whether tbe judgment should be affirmed or reversed. Three of tbe justices, Chief Justice WiNslow and Justices YiNje and RoseNbebby, favor affirmance, while Justice Siebecxee and the writer favor reversal.

*By the Court.*— Judgment is affirmed.
# C_2004314EN.01001101.xml

| 18.12.2004 | EN | Official Journal of the European Union | C 314/11 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

C 314/11

---

Removal from the register of Case C-274/03 (1)

(2004/C 314/24)

By order of 16 September 2004 the President of the Court of Justice of the European Communities has ordered the removal from the register of Case C-274/03: Commission of the European Communities v Ireland.

---

(1)  
  OJ C 200 of 23.8.2003.

1

---
EXHIBIT 32.2

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

           I, Richard W. Lucas, as Chief Financial Officer of KSW, Inc., (the
"Company"), certify, pursuant to 18 U.S.C.ss.1350, as adopted by Section 906 of
the Sarbanes-Oxley Act of 2002, that to my knowledge:

           (1) the accompanying Quarterly Report on Form 10-Q for the period
ending June 30, 2003 as filed with the U.S. Securities and Exchange Commission
(the "Report") fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; 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 12, 2003

                                              /s/ Richard W. Lucas
                                              ----------------------------------
                                              Richard W. Lucas
                                              Chief Financial Officer





                                       22
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       6,197,000
<SECURITIES>                                 1,009,000
<RECEIVABLES>                                1,805,000
<ALLOWANCES>                                   102,000
<INVENTORY>                                  2,056,000
<CURRENT-ASSETS>                            10,992,000
<PP&E>                                       2,634,000
<DEPRECIATION>                                 639,000
<TOTAL-ASSETS>                              13,182,000
<CURRENT-LIABILITIES>                        2,184,000
<BONDS>                                         82,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     8,068,000
<OTHER-SE>                                   2,848,000
<TOTAL-LIABILITY-AND-EQUITY>                13,182,000
<SALES>                                      3,882,000
<TOTAL-REVENUES>                             3,882,000
<CGS>                                        1,799,000
<TOTAL-COSTS>                                1,799,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                20,000
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,139,000
<INCOME-TAX>                                   421,000
<INCOME-CONTINUING>                            718,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   718,000
<EPS-PRIMARY>                                      .11
<EPS-DILUTED>                                      .11
        

</TABLE>
Approved for Release: 2020/02/07 C05114964 

oE-~ARTME~; oF THE AIR FORc~, 

OFFICE OF THE SECRETARY 

MEMORANDUM 

5 June 1969 

ME!,!O:?.Al\1DU111 FOR DP.. McLUC.AS 

SUBJECT: Readout 

T::ic memoramium at t!:ie right is in 

rc:::r,;ouse to I.fa•. Packard's 16 May J.969 

c.E::t:.orc:ru:iut1 (T,m JI.) on the same subject. 

Please note 1.lr. llGlras • st::,tcr.;ic:rnt 

th..::. t au creased 11,&;D i::::: tho ExCc.;i. iz:::iue. 

't '~Phis viC'r.i" is substar1ti.o.lly n1ore consQrvati ve and coust1·uctive th::i.n Dr. Lo.nd's. 

Al.so, nota that he says no 1~eal attcrapt 

to cost or trade systcos cun be done until 

nore complete definition is available. 

These r::.:m.ar!ts are extremely reassuring to 

thoae of us who feared that tho radical 

fringe had taken over. Mr. Inlow is working 

directly with~-----~now. 

lU::ch 

TAB A, BYE-78110-69 

dtd 16 ?Jay 1969 

!..EU ALLEN, JR. 

Colonel, US.Al' 

.... ., 

. ••• .,.,. ... ...... , •. . ,4 

Approved for Release: 2020/02/07 C05114964 

t 
m 

-< 111 

I 

'J 

CI) 

.... 

.... 

0 

°' '-0 ' 

.... 

(7 

---o 

('Approved for Release: 2020/02/07 C05114964r ~J IOft 

WASHINGTON f ., ~ ' \ 

llllllllllllllliUIUJll~IIIIIIIIIIIIIII 

MEMORANDUM FOR MR, HELMS 

DR. Du.BRlDGE 

DR, McLUCAS 

SLJBJECT: read-out 

1 S i,:AY 1~59 

As a result of our recent conversations with Dr. Land, I believe we 

should consider what actions we should take now leading toward devdo?-

ment of a ~---~read-out system. 

Accordingly, I propose that we prepare by July lS·a paper for EXCOM 

consideration that addresses: 

L the value oil pr near real-time read-cu~ for • 

indications, warning, crises, and day-to-day intelligence ?roduction; 

2. the relative contribution to these intelli:;ence needs of 

alte1rnative pe rfo rrnance in terms ~£ area cove rage, target frec;,uency 

~nd! re solution; 

/ 3. the status 0£ technology and the effect of potential developm1nts on our abili_ty to provide alternative systems with near realtime read-out; and, . 

! 

4. the value and cost of alterriative L,-----~ ead-oi..:t 

sy1tems and their effect on the total mix of satellite ;iho:;o;;:ra?hy. 

C have asked~--------~of my staff to take the leaci. in 

?,eparation of such a paper working with th.: :N'RO, CIA c:..nd DoD 

;;taffs. 

:n the meantime, we h ... ve ii.dded.$1. 95M in FY 69 

:ecbnology ;>rogram. 

(;RCUP _l 

i<:l lr,un :i~tomatic 

,;i an4 detl;uifiution 

rt.~----: ... :- :·:-t 

'--····,-· \iii• -•-IA' 

Approved for Release: 2020/02/07 C05114964
IMME

THE DIRECT INTELLIGENCE

WASHINGTON 2S, D.C.

30 June 1964

MEMORANDUM FOR: Secretary Vance

Dr. McMillan:

After dictating the attached memorandum, I received a

telephone call from Mr. McCone on the West Coast who, indepenciently and without knowledge of Dr. McMillan's memorandum of

this date, had arrived at the conclusion that the actions proposed

by Dr. McMillan should not be taken at this time.

Upon being apprised of my reply to Dr. McMillan, Mr.

McCone expressed his complete approval.

1 rS

Lieutenant General, USA

Acting Director

Attachment

mom Immo mom

y Copt
RAMBLE

•T'""

I . •

NAME ONLY

THE DIRECTOR Of CENTRAI INTELLIGENCE

WASHINGTON 25, D.C.

30 June 1964

MEMORANDUM FOR: Dr. Brockway McMillan

National Reconnaissance Office

I. This refers to your Memorandum for General Carter, CIA,

dated June 30th, 1964, in which you state that there are certain

actions which you must take today since contract SE 1928 for systems

engineering of part of the CORONA system by Lockheed Missiles and

Space Company expires today. These actions are:

As of 1 July 1964 you intend to establish a contract

with AeroSpace Corporation for comprehensive systems

engineering and technical direction of this project.

At the same time, you will continue the work at LMSC,

now conducted under SE 1928, under an Air Force "black" contract.

This work will continue under a modified work statement that will

reflect the SETD responsibilities of AeroSpace Corporation and

will define LMSC's role as an integrating contractor.

2. You will recall that in our meeting last Thursday morning,

25 June, I informed you that the Director of Central Intelligence had

stated that he desired no changes in contracts, management concepts,

or NRO current operating procedures for the CORONA program until

the matter presently before the President's Foreign Intelligence Advisory

Board had been settled, or except with his own personal approval in each

case. During my absence from the city on Saturday, 27 June, the Director

discussed this matter with you on the telephone, and expressed his concern

at your proposal and suggested that you diicuss it with Dr. Wheelon and

myself. I understand that a cable from your office directing these changes

and indicating that the decision had been coordinated with the DCI was

uentl suspended at the direction of the DCI. The meeting that you
RAMIE

on

ONLY

had yesterday afternoon with . on and me was most constructive

in that we were apprised of your total plans for the management and

operation of the CORONA program. At that time I informed you that

I would take this matter up with the Director. The first opportunity I

will have to do this will be about 6 July.

3. This confirms my telephone conversations with Secretary

Vance and you indicating that for the foregoing reasons I do not concur

in the action that you propose. I recommend instead that the current

SE 1928 contract with Lockheed be extended by the CIA contracting

officer at SASFP on an indefinite basis by an appropriate letter of intent,

pending settlement of this matter.

Lieutenant General, USA

Acting Director

HANDLE VW ONLY
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the fiscal
1997 Consolidated Fiancial Statements of Ameriking, Inc. and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-29-1997
<PERIOD-END>                               DEC-29-1997
<CASH>                                           7,532
<SECURITIES>                                         0
<RECEIVABLES>                                    1,723 
<ALLOWANCES>                                         0
<INVENTORY>                                      2,470
<CURRENT-ASSETS>                                13,347
<PP&E>                                          66,150 
<DEPRECIATION>                                  13,226
<TOTAL-ASSETS>                                 212,087 
<CURRENT-LIABILITIES>                           20,692 
<BONDS>                                        162,798 
<PREFERRED-MANDATORY>                           34,415 
<PREFERRED>                                          0 
<COMMON>                                             9 
<OTHER-SE>                                     (5,850)
<TOTAL-LIABILITY-AND-EQUITY>                   212,087
<SALES>                                        234,546
<TOTAL-REVENUES>                               234,546
<CGS>                                           76,119
<TOTAL-COSTS>                                  211,194
<OTHER-EXPENSES>                                11,487
<LOSS-PROVISION>                                   944
<INTEREST-EXPENSE>                              13,320
<INCOME-PRETAX>                                (2,399)
<INCOME-TAX>                                     (365)
<INCOME-CONTINUING>                            (2,034)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,034)
<EPS-PRIMARY>                                   (7.47)
<EPS-DILUTED>                                   (7.47)
        

</TABLE>
State of California 

 AIR RESOURCES BOARD 

Executive Order R-10-009 

Relating to the Regulation for In-Use Off-Road Diesel-Fueled Fleets 

WHEREAS, the Air Resources Board (Board or ARB) adopted the Regulation for 

In-Use Off-Road Diesel-Fueled Fleets on April 4, 2008, and it became operative on 

June 15, 2008, and the Board subsequently approved amendments to the regulation on 

December 12, 2008, and January 22, 2009; 

WHEREAS, the legislature adopted and the Governor signed on February 20, 2009, 

Assembly Bill 8 2X (AB 8 2X or ABX2 8), legislation intended to provide economic relief 

and to preserve jobs in the construction industry; 

WHEREAS, on July 23, 2009, the Board conducted a hearing to consider proposed 

amendments to sections 2449 through 2449.2, title 13, California Code of Regulations, 

including those directed by AB 8 2X as well as other amendments not directed by 

AB 8 2X but intended to spur early actions by fleets to reduce emissions and to provide 

clarification to the regulation; 

WHEREAS, the Board approved the proposed amendments of sections 2449 through 

2449.2, title 13, California Code of Regulations, on July 23, 2009 in Resolution 09-50, 

as set forth in the Attachment 1 to this Order; 

WHEREAS, the California Legislature in AB 8 2X, Health and Safety Code section 

43018.2(b), exempted the AB 8 2X amendments from the Administrative Procedure Act 

(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the 

Government Code); 

WHEREAS, the Executive Officer deemed it necessary to bifurcate the AB 8 2Xdirected amendments to sections 2449 through 2449.2, title 13, California Code of 

Regulations, from the other amendments approved on July 23, 2009, to expedite the 

adoption of the AB 8 2X amendments, so that they became operative as soon as 

possible and to provide as much certainty as possible to affected fleets; 

WHEREAS, on December 3, 2009, the AB 8 2X-directed amendments to sections 2449 

through 2449.2, title 13, California Code of Regulations, were filed with the Office of 

Administrative Law and became effective on that date; 

WHEREAS, on April 15, 2010, the non-AB 8 2X amendments were made available for 

public comment for a period of 15 days, with the changes to the previously proposed 

text clearly indicated, in accordance with the provisions of title 1, California Code of 

Regulations, section 44; and 
Executive Order R-10-009 -2- 

IN-USE OFF-ROAD DIESEL FUELED FLEETS AMENDMENTS – R-10-009

WHEREAS, one comment was received during the 15 day comment period and that 

comment has been considered by the Executive Officer. 

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in 

Resolution 09-50 are incorporated by reference herein. 

IT IS FURTHER ORDERED that the non-AB 8 2X-directed amendments to sections 

2449 through 2449.2, title 13, California Code of Regulations, are adopted as set forth 

in Attachment 2 to this Order. 

Executed this 3rd day of June 2010, at Sacramento, California. 

 /s/ 

 

 James N. Goldstene 

Executive Officer 

Attachments 

1- Resolution 09-50 

2- Final Regulation Order
## From: lorenzen.thomas@dorsey.com [ mailto:lorenzen.thomas@dorsey.com ]

**Sent:** Wednesday, August 27, 2014 8:33 AM **To:** Zenick, Elliott; Hoffman, Howard **Subject:** Any chance of meeting on 111(d)? Good morning, Elliott and Howard, I’m working with Otter Tail Power on the 111(d) proposal, and they’d like a chance to meet with you (or whoever else might be appropriate) to discuss the emission targets for Sou th Dakota, which has some unique circumstances that may justify revising the target. We’re looking at dates between September 22 and October 10. Would you have time within that range for a meeting? Hope all is well with the two of you. Looking forward t o seeing you soon. Thanks, Tom 

## Thomas A. Lorenzen Partner

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WWW.DORSEY.COM :: WA SHINGTON, DC :: BIO :: V - CARD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . **D O R S E Y &**  **W H I T N E Y LLP**  1801 K Street NW Suite 750 Wa shington, DC 20006 **P:** 202.442.3525 **F:** 202.315.3478 **C:** 202.304.7675

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----

            COMMISSION DECISION         

of 8 May 2006         

authorising the Republic of Poland to prohibit on its territory the use of certain varieties of maize listed in the Common catalogue of varieties of agricultural plant species, pursuant to Council Directive 2002/53/EC

(notified under document number C(2006) 1790)

(Only the Polish text is authentic)

(2006/338/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the Common catalogue of varieties of agricultural plant species (1), and in particular Article 16(2)(b) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Republic of Poland is authorised to prohibit the use, in any part of its territory, of the varieties of maize listed in the Annex to this Decision.

Article 2

The remainder of the request by the Republic of Poland, covering varieties of maize listed in the Common catalogue before 1 January 2002, is refused.

Article 3

In order to allow the Commission to inform the other Member States, the Republic of Poland shall notify the Commission of the date from which it makes use of the authorisation given under Article 1.

Article 4

This Decision is addressed to the Republic of Poland.

Done at Brussels, 8 May 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 193, 20.7.2002, p. 1. Directive as amended by Regulation (EC) 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

----

ANNEX

----
_______________________________________ __ Michigan Supreme Court 

# Order
Lansing, Michigan

June 11, 2008 Clifford W. Taylor, Chief Justice 135926 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 135926 COA: 282253 Wayne CC: 06-012351-FH DAROLD RODGERS a/k/a RICHARD RODGERS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 11, 2008 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

C AVANAGH , J., would grant leave to appeal.

K ELLY , J., would grant leave to appeal for th e reasons set forth in her dissenting statement in People v Conway , 474 Mich 1140 (2006).

p0604 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 11, 2008
Clerk