alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13

- 12

- 00716

- CV



### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

– EDINBURG

IN RE AMANDA ALVAREZ

On Petition for Writ of Mandamus.



### MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Relator, Amanda Alvarez, filed a petition for writ of mandamus contending that

the Honorable Arnoldo Cantu, presiding judge of the County Court at Law Number 5 of

Hidalgo County, Texas, abused his discretion, leaving relator without an adequate

appellate remedy, by “refusing to permit an evidentiary hearing on [relator]’s motion for

temporary orders” following a judgment, dated November 15, 2012, modifying a divorce

decree in trial court cause number F

- 419

- 06

- 5 . Relator also requested that this Court

temporarily stay the November 15, 2012 judgment, which awarded real party in interest,

Bobby Joe Feliz, the exclusive right to determine the primary residence of the parties’2

children. On November 20, 2012, this C ourt ordered the trial court’s November 15,

2012 “Final Order in Suit to Modify the Parent Child Relationship” stayed until the

petition for writ of mandamus and any response may be fully reviewed. On November

26, 2012, we clarified that the trial court’s separate order, also dated November 15,

2012 and requiring relator to surrender custody of the children to real party in interest at

the Mission Police Department, was dependent on the custody judgment and wa s

therefore also stayed until further order of this Court. On November 28, 2012, this Court

received real party in interest’s response to the petition for writ of mandamus.

The Court, having examined and fully considered the petition for writ of

mandamus, response, and record documents provided by the parties

, is of the opinion

that relator ha s not shown herself entitled to the relief sought. Accordingly, the petition

for writ of mandamus is DENIED . Further, the stay granted on November 20, 2012 and

clarified on November 28, 2012 is hereby LIFTED.

PER CURIAM

D elivered and filed the

2 8 th day of November , 201 2

.
Geri smoked menthol cigarettes. Now she 

has COPD. There is no cure. She’s hoping 

to get on the lung transplant list, but she 

doesn’t know if she’ll be accepted in time.

You can quit smoking.

I smoked menthol 

cigarettes. Now I have 

COPD from smoking.

Geri, age 58, Michigan

CDC.gov/quit

For free help, call

1-800-QUIT-NOW.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK>0001064049
<NAME>DIAMOND BRANDS INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   17,028
<ALLOWANCES>                                   (1,264)
<INVENTORY>                                     15,764
<CURRENT-ASSETS>                                31,501
<PP&E>                                          40,958
<DEPRECIATION>                                (22,017)
<TOTAL-ASSETS>                                  84,186
<CURRENT-LIABILITIES>                           95,228
<BONDS>                                        137,962
<PREFERRED-MANDATORY>                           46,503
<PREFERRED>                                          0
<COMMON>                                            15
<OTHER-SE>                                   (197,019)
<TOTAL-LIABILITY-AND-EQUITY>                    84,186
<SALES>                                         73,044
<TOTAL-REVENUES>                                73,044
<CGS>                                           50,397
<TOTAL-COSTS>                                   50,397
<OTHER-EXPENSES>                                 9,706
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,985
<INCOME-PRETAX>                                (5,044)
<INCOME-TAX>                                   (1,804)
<INCOME-CONTINUING>                            (3,240)
<DISCONTINUED>                                   (795)
<EXTRAORDINARY>                                 12,398
<CHANGES>                                            0
<NET-INCOME>                                     8,363
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Notices]
[Pages 34488-34489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16615]


=======================================================================
-----------------------------------------------------------------------

NORTHEAST DAIRY COMPACT COMMISSION


Notice of Meeting

SUMMARY: The Compact Commission will hold its monthly meeting to 
consider matters relating to administration, the price regulation and a 
proposed interim procedural rule.


[[Page 34489]]


DATES: The meeting is scheduled for Wednesday, July 1, 1998 to commence 
at the close of the Proposed Rulemaking Public Hearing beginning at 
9:00 a.m. as previously noticed at 63 FR 31943-31945.

ADDRESSES: The meeting will be held at the Capitol Center for the Arts, 
Governor's Hall, 44 South Main Street, Concord, NH.

FOR FURTHER INFORMATION CONTACT: Kenneth Becker, Executive Director, 
Northeast Dairy Compact Commission, 43 State Street, PO Box 1058, 
Montpelier, VT 05601. Telephone (802) 229-1941.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Northeast 
Dairy Compact Commission will hold its regularly scheduled monthly 
meeting. The Commission will consider matters relating to 
administration and the price regulation, including the reports and 
recommendations of the Commission's standing Committees. The Commission 
will also consider a proposed interim procedural rule regarding 
rulemaking procedures and procedures for conducting producer referenda.

    Authority: (a) Article V, Section 11 of the Northeast Interstate 
Dairy Compact, and all other applicable Articles and Sections, as 
approved by Section 147, of the Federal Agriculture Improvement and 
Reform Act (FAIR ACT), Pub. L. 104-127, and as thereby set forth in 
S.J. Res. 28(1)(b) of the 104th Congress; Finding of Compelling 
Public Interest by United States Department of Agriculture Secretary 
Dan Glickman, August 8, 1996 and March 20, 1997. (b) Bylaws of the 
Northeast Dairy Compact Commission, adopted November 21, 1996.

Kenneth Becker,
Executive Director.
[FR Doc. 98-16615 Filed 6-23-98; 8:45 am]
BILLING CODE 1650-01-M
# C_2014071EN.01002402.xml

| 8.3.2014 | EN | Official Journal of the European Union | C 71/24 |
| --- | --- | --- | --- |

8.3.2014

EN

Official Journal of the European Union

C 71/24

---

Action brought on 30 December 2013 — Gat Microencapsulation/OHMI — BASF (KARIS)

(Case T-720/13)

(2014/C 71/45)

Language in which the application was lodged: English

Parties

Applicant: Gat Microencapsulation AG (Ebenfurth, Austria) (represented by: S. Soler Lerma and M. C. March Cabrelles, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: BASF SE (Ludwigshafen am Rhein, Germany)

Form of order sought

The applicant claims that the Court should:

| — | Annul the contested decision insofar appeal submitted by the appellant/applicant was rejected; |
| --- | --- |

—

Annul the contested decision insofar appeal submitted by the appellant/applicant was rejected;

| — | Order OHIM and the interveners to pay the costs. |
| --- | --- |

—

Order OHIM and the interveners to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Gat Microencapsulation AG

Community trade mark concerned: The word mark ‘KARIS’, for a list of goods and services in Classes 1, 5 and 35

Proprietor of the mark or sign cited in the opposition proceedings: BASF SE

Mark or sign cited in opposition: Community trade mark ‘CARYX’, for goods in classes 1 and 5; international trade mark ‘CARYX’, for goods in classes 1 and 5; Hungarian, Italian and Benelux trade mark ‘AKRIS’, for goods in class 5

Decision of the Opposition Division: Rejection of the Community trade mark application

Decision of the Board of Appeal: Partial rejection of the opposition

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

---
No. 10-7665.

#### Teresa Mechell Griffin, Petitioner v. United States.

562 U.S. 1158, 131 S. Ct. 957,

2011 U.S. LEXIS 324.

178 L. Ed. 2d 789,

January 10, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Same case below, 615 F.3d 1287.
##### 



Exhibit 32.1

EAGLEPICHER HOLDINGS, INC. AND ITS SUBSIDIARIES
 
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 Annual Report of EaglePicher Holdings, Inc. (the
Company) on Form 10-K for the period ended November 30, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
John H. Weber, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the
Company.

/s/ JOHN H. WEBER
    
    Date:
    
    February 12, 2004John H. Weber, President and Chief Executive Officer


109
No. 10-7031.

#### Brian Allen Womble, Petitioner v. Arizona.

562 U.S. 1114, 131 S. Ct. 832,

2010 U.S. LEXIS 9777.

178 L. Ed. 2d 566,

December 13, 2010.

Petition for writ of certiorari to the Supreme Court of Arizona denied.

Same case below, 225 Ariz. 91, 235 P.3d 244.
In compli ance with requirements under 10 CFR 430.27, Samsung hereby certifies that all parties 

noted below have been provided with a copy of Samsung's Petition of Waiver and Application 

for Interim Waiver. 

Joseph M. McGuire 

President 

Association of Home Appli ance Manufacturers 

1111 191h Street NW, Suite 402 

Washington, DC 20036 

Philip Manthei 

Senior Staff Engineer 

Alli ance Laundry Systems, LLC 

221 Shepard Street 

Ripo n, WI 54971 

Salih Zeki Bugay 

Product Management & Marketing OperationsNorth Ameri ca 

Arce lik A.S 

125 W. Tremont Ave No. 1134 

Charl otte, NC 28203 

Michael P. Wasso n 

VP/Chi ef Techni ca l Officer 

ASKO Appl iances 

4001 E. Pl ano Parkway Suite 100 

Plano, TX 75094-0609 

Philipp Walter 

cc: Franz J. Bosshard 

BSH Home Appl iances Corporation 

1901 Main Street 

Irvine, CA 926 14 

George Hawranko 

Senior Associate General Counsel 

Electrolu x Home Products NA 

10200 David Taylor Drive 

Charlotte, NC 28262 

Patri cio Barriga 

President 

Fagor Ameri ca 

1099 Wall Street West, Suite 349 

Lyndhurst, NJ 07071 

Richard E. Boll ard 

Fisher & Paykel Appli ances 

PO Box 58-732, Botany 

Auckland, 2163 

New Zea land 

Earl F. Jones 

Senior Counsel 

GE Appliances & Lighting 

4000 Buechel Bank Road AP2-225 

Louisvill e, KY 40225 

Bob Cunningham 

Executive Vice President 

The Haier Building 

Haier America 

1356 Broadway 

New York, NY 10018 

Marco D' Arsie 

NA Sales Manager 

Indesit 

134 Schweitzer Crescent 

Wellesley, ON NOB 2TO Canada 

John I. Taylor 

Vice President 

LG Electronics USA, Inc. 

1776 K Street, NW 

Washington, DC 20006 

Steve Polinski 

Senior Manager Regulatory Affairs 

Miele, Inc. 

Nine Independence Way 

Princeton, NJ 08540-6621 

Mark J. Sharp 

Group Manager 

Panasoni c Corporation of North America 

1130 Co nnecticut Avenue, N.W. Suite 1100 

Washington, DC 20036 
18 Hoyt 

Director 

Whirlpool Corporati o n 

2000 No rth M-63 

Bento n Harbor, M I 49022-2692
# C_2013226EN.01002201.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 226/22 |
| --- | --- | --- | --- |

3.8.2013

EN

Official Journal of the European Union

C 226/22

---

Action brought on 5 June 2013 — Silicium España Laboratorios/OHIM — LLR-G5 (LLRG5)

(Case T-306/13)

(2013/C 226/29)

Language in which the application was lodged: English

Parties

Parties

Applicant: Silicium España Laboratorios, SL (Vila-Seca, Spain) (represented by: C. Sueiras Villalobos, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: LLR-G5 Ltd (Castlebar, Ireland)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of March 7, 2013 (Case R 383/2012-1), to the extent it declares Community trade mark No 3384625, ‘LLRG5’, invalid on the grounds that it was applied for in bad faith; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of March 7, 2013 (Case R 383/2012-1), to the extent it declares Community trade mark No 3384625, ‘LLRG5’, invalid on the grounds that it was applied for in bad faith;

| — | Confirm the decision of the Cancellation Division of 20 December, 2011 in Case 4174 C; |
| --- | --- |

—

Confirm the decision of the Cancellation Division of 20 December, 2011 in Case 4174 C;

| — | Order the OHIM to bear its own costs and Silicium’s costs incurred in connection with these proceedings. |
| --- | --- |

—

Order the OHIM to bear its own costs and Silicium’s costs incurred in connection with these proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘LLRG5’ — Community trade mark registration No 3 384 625

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: The applicant

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark:

Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Article 52(1)(b) of Council Regulation No 207/2009

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Cancellation Division:

Decision of the Board of Appeal: Annulled the contested decision and declared the invalidity of the contested CTM

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 52(1)(b) of Council Regulation No 207/2009.

Pleas in law:

---
Exhibit 23 
   Consent of Independent Registered Public Accounting Firm
 
 We consent to the incorporation by reference in the Registration Statement (Form S-3, No. 333-158205), and in the related Prospectus of El Paso Corporation, Colorado Interstate Gas Company, Colorado Interstate Issuing Corporation, El Paso Natural Gas Company, Southern Natural Gas Company, Southern Natural Issuing Corporation and Tennessee Gas Pipeline Company of our report dated February 28, 2011 with respect to the consolidated financial statements and schedule of El Paso Natural Gas Company, included in this Annual Report (Form 10-K) for the year ended December 31, 2010.
 
   /s/ Ernst & Young LLP
       Houston, Texas
 February 28, 2011
**Exhibit 24.1**
**POWER OF ATTORNEY**
The undersigned officer and director of both EaglePicher Holdings, Inc. and EaglePicherIncorporated hereby consents to and appoints Bert Iedema, Thomas R. Pilholski and David G. Krall,and each of them, as his true and lawful attorneys-in-fact and agents with all power ofsubstitution, for him and in his name, place and stead, in any and all capacities, to sign theAnnual Report on Form 10-K for the 2004 fiscal year of both EaglePicher Holdings, Inc. andEaglePicher Industries, Inc., corporations organized and existing under the laws of the State ofDelaware and the State of Ohio respectively, and any and all amendments thereto, and to file thesame, with all exhibits thereto, and all documents in connection therewith, with the Securities andExchange Commission pursuant to the requirements of the Securities Exchange Act of 1934, grantingunto said attorneys-in-fact and agents, and each of them, full power and authority to do andperform each and every act and thing requisite and necessary to be done in and about the same asfully to all intents and purposes as he might or could do in person, hereby ratifying andconfirming all that said attorneys-in-fact and agents, or either of them, or their or hissubstitute or substitutes, may lawfully do or cause to be done by virtue thereof.
      In Witness Whereof, the undersigned has hereunto set his hand on this 14th day of March, 2005.
/s/ Joel P. Wyler
This opinion is subject to a dministrative correction before final disposition.

Before GASTON, HOLIFIELD , and HOUTZ Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v.
David C. BELTRAN Lance Corporal ( E

- 3 ), U.S. Marine Corps Appellant

No. 202 000204

Decided: 19 May 2021
Appeal from the United States Navy

- Marine C orps Trial Judiciary
Military Judge : Aaron C. Rugh
Sentence adjudged 28 May 2020 by a general co urt

- martial convened at Marine Corps Base Quantico, Virginia , consisting of a military judge sitting alone

. Sentence in the Entry of Judgment : confinement for 18 months , reduction to E

- 1, forfeiture of all pay and allowances, and a dishonorable discharge.
For Appellant: Lieutenant Commander W. Scott Stoebner , JAGC, USN
For Appelle e: Brian K. Keller , Esq.United States v. Beltran , NMCCA No. 202000204 Opinion of the Court

2 _________________________
This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2 (a)

.

_________________________

PER CURIAM : After careful consideration of the record, submitted without assignm ent of
error, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to A ppellant’s substantial rights occurred. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866.
T he findings and sentence are AFFIRMED

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court
<PAGE>

EXHIBIT 32.1

                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 Loudeye Corp. (the "Company")
on Form 10-Q for the period ending March 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Michael A. Brochu,
President and Chief Executive Officer of the Company, 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:

      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 as of the date of the financial statements contained therein.

/s/ MICHAEL A. BROCHU
-------------------------------------
Michael A. Brochu
President and Chief Executive Officer
May 10, 2005

* A signed original of this written statement required by Section 906 has been
provided to Loudeye Corp. and will be retained by Loudeye Corp. and furnished to
the Securities and Exchange Commission or its staff upon request.
<PAGE>
                                                                  Exhibit 10-c-1

                            COMPENSATION OF DIRECTORS


Non-employee directors of ArvinMeritor receive a retainer at the rate of $45,000
per year for Board service. No additional retainer is paid for service as
committee members.

After each Annual Meeting of Shareowners, each non-employee director receives a
grant under the 2004 Directors Stock Plan. The grant in 2005 is expected to
consist of 4,500 restricted share units. A non-employee director who is elected
to the Board during the fiscal year receives a pro rata portion of these annual
grants.

A director may elect to defer payment of all or part of the cash retainer fees
to a later date, with interest on deferred amounts accruing quarterly at a rate
equal to 120% of the Federal long-term rate set each month by the Secretary of
the Treasury. Each director also has the option each year to defer all or any
portion of the cash retainer by electing to receive restricted shares or
restricted share units that could be forfeited if certain conditions are not
satisfied. The restricted shares or restricted share units in lieu of the cash
retainer are valued at the closing price of the Common Stock on the New York
Stock Exchange - Composite Transactions reporting system on the date each
retainer payment would otherwise be made in cash.

The Chairman of the Audit Committee receives an additional retainer of $10,000
per year, the Chairman of the Compensation Committee receives an additional
retainer of $7,000 per year, and the Chairmen of the Corporate Governance and
Nominating Committee and the Environmental and Social Responsibility Committee
each receive an additional retainer of $3,000 per year. Non-employee directors
also receive fees for attendance at committee meetings in the amount of $1,500
for each meeting of the Audit Committee ($750 per meeting for attendance by
telephone) and $1,000 for each meeting of other Board committees ($500 per
meeting for attendance by telephone).

Directors who are also employees of ArvinMeritor or a subsidiary of ArvinMeritor
do not receive compensation for serving as directors.


                                                                        11/11/04