alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

October 26, 2016

No. 04-16-00666-CV

IN RE Trudy Jane Schuetze SUNDIN

Original Proceeding1

ORDER

Sitting: Marialyn Barnard, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

On October 12, 2016, Relator filed a petition for writ of injunction, alternative motion for 

emergency relief and motion to consolidate. The court has considered the petition and is of the 

opinion that Relator is not entitled to the relief sought. Accordingly, the petition for writ of 

injunction is DENIED. See TEX. R. APP. P. 52.8(a). Relator’s motions are likewise DENIED. 

The court’s opinion will issue at a later date.

It is so ORDERED on October 26, 2016.

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 26th day of October, 2016.

___________________________________

Keith E. Hottle, Clerk

 

1 This proceeding arises out of Cause No. 16-048-PR, styled In the Estate of Jack C. Gilbert, Jr., Deceased, pending 

in the County Court at Law, Kendall County, Texas, the Honorable Stephen B. Ables presiding.
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 Annual Report of ETFS Silver Trust (the Trust) on Form
10-K for the period ending December 31, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Graham Tuckwell,
principal executive officer of ETF Securities USA LLC, the Sponsor of the
Trust, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 Trust.

|                                       |  
|-------------------------------------- | -
|/s/ Graham
 Tuckwell                   | *
|                                       |  
|Graham
 Tuckwell**                     |  
|                                       |  
|Chief
 Executive Officer and President |  
|                                       |  
|(principal
 executive officer)         |  

Date:           March
15, 2011

|   |                                                                                                                                                         
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------
|*  | The
 originally executed copy of this Certification will be maintained at the
 Sponsors offices and will be made available for inspection upon request.
|   |                                                                                                                                                         
|** | The
 Registrant is a trust and Mr. Tuckwell is signing in his capacity as an
 officer of ETF Securities USA LLC, the sponsor of the Trust.              

---
#### Cora Adkins *v.*J. A. Perry *et al.*

(No. 7759)

Submitted April 17, 1934.

Decided April 24, 1934.

*Daugherty Daugherty,*for appellant.

*F. W. Riggs,*for appellee J. A. Perry.

*830Hatcher, Judge :

The defendant J. A. Perry is the beneficiary in a deed of trust purportedly signed by E. G. Adkins and the plaintiff, his wife Cora. Perry directed a sale of the trust property. Mrs. Adkins brought this proceeding to stop the sale and to cancel the deed on the ground that the property therein described was her separate estate and that she did not sign or acknowledge the deed. Perry maintained that she did execute the deed. The circuit court found against her and she appealed.

A narration of the incidents involved in this litigation would serve no useful purpose as the evidence thereon is entirely controversial. Plaintiff’s evidence sustains her position, while the evidence of Perry just as firmly sustains his position. Plaintiff has the numerical advantage in witnesses, but the preponderance of the evidence does not necessarily lie with that advantage. ¥e cannot determine from the record on which side truth preponderates. Therefore, we must abide by the decision of the trial chancellor.

The judgment is accordingly affirmed.

*Affirmed.*
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

OMAR ALEJANDRO MEDINA

,

Plaintiff

,

v.

UNITED STATES

,

Defendant

. No. 1 9

- cv

- 2487 ( RDM )

MEMORANDUM O PINION

Plaintiff, proceeding pro se , filed this action against the United States in the Superior

Court for the District of Columbia, and the United States removed the action to this Court

pursuant to 28 U.S.C. §§ 1442 and 1446. Dkt. 1. The complaint consists of two, barely legible

sentences: “After contacting the US and its proper agencies numerous times to resolve issues

related to MSW, I now have to be seen by mental doctors. This problem continues to exist to

this day without any k ind of relief what

- so

- ever due to negligence in full part of the United

States.” Dkt. 1

- 1 at 7.

O n September 26, 2019, the United State s moved to dismiss under Federal Rules of Civil

Procedure 12(b)(1) and 12(b)(6), asserting that this complaint both f ails to state a claim and is

“patently insubstantial” and thus beyond the Court’s subject matter jurisdiction and, in any event,

is frivolous within the meaning of 28 U.S.C. § 1915(e)(2)(B)(i). Dkt. 3 at 3, 7 (quoting Best v.

Kelley , 39 F.3d 328, 330 (D.C . Cir. 1994)). The Court issued a Fox / Neal Order on September

30, 2019, cautioning Plaintiff about the need to respond to the motion and explained that a failure

to respond could result in the Court either considering the motion conceded or dismissing the

case for failure to prosecution. Dkt. 4. When the Court did not receive a response from Plaintiff2 within the time provided, the Court sua sponte granted an extension of time to respond until

November 15, 2019

. Minute Order (Sept. 30, 2019). Plaintiff has yet to respond to the motion

or to either of the Court’s orders and, indeed, has yet to file anything in this Court.

Plaintiff’s disjointed allegations fail to state a claim upon which relief can be granted

.

The complaint does not (1) indicate who o r what MSW is, (2) describe what “issues” required

resolution, (3) identify who or what agency failed to act, (4) explain what “problems” persist, or

(5) elucidate what duty, if any, the United States owed to Plaintiff or how it breached that duty.

In sho rt, the complaint it too cryptic to satisfy the dictates of Federal Rules of Civil Procedure 8

and 12(b)(6) and to “give the defendant fair notice of what the . . . claim is and the grounds upon

which it rests.” Erickson v. Pardus , 551 U.S. 89, 93 (2007) (citing Bell Atl. Corp. v. Twombly

,

550 U.S. 544, 555 (2007)).

T he Court will , accordingly, GRANT Defendant’s motion, Dkt. 3, and will DISMISS

the complaint without prejudice pursuant to Federal Rules of Civil Procedure 8 and 12(b)(6).

A separate order will issue.

/s/ Randolph D. Moss

RANDOLPH D. MOSS

United States District Judge

Date: Ju ly 2 3 , 2020
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 Texas Rare Earth Resources Corp. (the “Company”) on Form 10-K for the period ended August 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dan Gorski, 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 and belief: (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.








/s/ Dan Gorski


Dan Gorski, Chief Executive Officer


February 8, 2011
```

[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Page 11074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04316]

========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / 
Notices

[[Page 11074]]

AGENCY FOR INTERNATIONAL DEVELOPMENT

Notice of March 5 Advisory Committee on Voluntary Foreign Aid 
Meeting

AGENCY: United States Agency for International Development.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, notice is 
hereby given of a meeting of the Advisory Committee on Voluntary 
Foreign Aid (ACVFA).

DATES: Wednesday, March 5, 2013.
    Time: 2:00 p.m.-4:00 p.m.
    Location: Horizon Room, Ronald Reagan Building.

Agenda

    USAID Administrator Rajiv Shah will make opening remarks, followed 
by panel discussions among ACVFA members and USAID leadership on our 
vision and core values. The full meeting agenda is available on the 
ACVFA Web site at http://www.usaid.gov/who-we-are/organization/advisory-committee.

Stakeholders

    The meeting is free and open to the public. Persons wishing to 
attend should register online at http://www.usaid.gov/who-we-are/organization/advisory-committee/get-involved.

SUPPLEMENTARY INFORMATION: Due to logistical difficulties associated 
with the meeting, this notice is provided less than 15 calendar days 
prior to the meeting (see 41 CFR 102-3.150(b)).

FOR FURTHER INFORMATION CONTACT: Jayne Thomisee, 202-712-5506.

    Dated: February 20, 2014.
Jayne Thomisee,
Executive Director (A), Advisory Committee on Voluntary Foreign Aid 
(ACVFA), U.S. Agency for International Development.
[FR Doc. 2014-04316 Filed 2-26-14; 8:45 am]
BILLING CODE P
```
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








Each of the undersigned hereby certifies, in his capacity as an officer of Alpine Alpha 3, Ltd. (the “Company”), for the purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:





(1)           The Annual Report of the Company on Form 10-K for the fiscal year ended December 31, 2010 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: March 24, 2011





/s/ James Hahn


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


James Hahn


Chief Executive Officer and President (principal executive officer) &


Chief Financial Officer (principal financial officer and principal accounting officer)





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
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.                  

###### National Transportation Safety Board

# FOR FURTHER INFORMATION CONTACT:

Vicky D'Onofrio, (202) 314-6410.

Dated: March 18, 2009.

Vicky D'Onofrio,

Federal Register Liaison Officer.

 [FR Doc. E9-6269 Filed 3-18-09; 4:15 pm]

BILLING CODE 7533-01-P
Exhibit 10.52
 EMPLOYMENT AGREEMENT
  RECITALS
    ARTICLE I  FULL-TIME EMPLOYMENT OF EXECUTIVE
 DUTIES AND STATUS.




---



##### 



COMPENSATION AND GENERAL BENEFITS
   BONUS st th
  2




---



##### 



RESTRICTED STOCK AWARDS
 Date of Award
    
    Number of Restricted Stock SharesEffective Date
    
    
    35,000March, 2011
    
    
    20,000March, 2012
    
    
    20,000
  ARTICLE II  COMPETITION AND CONFIDENTIAL INFORMATION
 COMPETITION AND CONFIDENTIAL INFORMATION
 ARTICLE III  EMPLOYMENT PERIOD
 DURATION
 EARLY TERMINATION
    3




---



##### 



COMPENSATION AND/OR BENEFITS FOLLOWING EARLY TERMINATION
     SPECIAL SEPARATION PAYMENT
   4




---



##### 



th
  ARTICLE IV  NOTICES
 NOTICES
 ARTICLE V  MISCELLANEOUS
 ENTIRE AGREEMENT
  5




---



##### 



MODIFICATION
 SEVERABILITY
 GOVERNING LAW
  WILLBROS UNITED STATES HOLDINGS, INC.By:
    /s/ Gordon HagendorfName:
    Gordon HagendorfIts:
    Vice President Human ResourcesEXECUTIVE/s/ J. Robert BerraJ. Robert Berra  6




---



##### 



Exhibit
A
 WILLBROS GROUP, INC.
 RESTRICTED STOCK AWARD AGREEMENT
  
  Restricted Stock Award .
 Issuance of Shares . .




---



##### 



Ownership of Restricted Shares .
 Restrictions .
     Lapse of Restrictions .
   2




---



##### 



Agreement With Respect to Taxes; Share Withholding .
   Adjustment of Shares .
 Agreement With Respect to Securities Matters .
  3




---



##### 



Restrictive Legend .
 Forfeiture and Clawback .
   Certain Definitions .
    4




---



##### 



Designation of Beneficiary .
   WILLBROS GROUP, INC.By:Robert R. HarlPresident and Chief Executive Officer 
 J. Robert Berra  5
Order entered January 15, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00510-CV

JACOLBY ANDERSON, Appellant

V.

LONESTAR PATENT SERVICES, INC., Appellee

On Appeal from the County Court at Law No. 5

Dallas County, Texas

Trial Court Cause No. CC-18-00393-E

ORDER

In his brief on the merits, appellant asserts error in the failure of the trial court to file 

findings of fact and conclusions of law despite his timely-filed request. See TEX. R. CIV. P. 298. 

Accordingly, on the Court’s own motion, we ORDER the Honorable Mark Greenberg, Judge of 

County Court at Law No. 5, to make written findings of fact and conclusions of law WITHIN 

TWENTY DAYS of the date of this order. 

We ORDER John Warren, Dallas County Clerk, to file, WITHIN TWENTY-FIVE 

DAYS of the date of this order, a supplemental clerk’s record containing the trial court’s written 

findings of fact and conclusions of law. Appellant may file an amended brief within thirty days 

of the filing of the supplemental clerk’s record.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Greenberg, Mr. 

Warren, and all parties. 

We ABATE this appeal to allow Judge Greenberg to comply with this order. The appeal 

will be reinstated in thirty days or when the supplemental clerk’s record is filed, whichever 

occurs sooner.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
----

|   | (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. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| August 23, 2011 | /s/ Jack Jie Qin                          |
|-----------------|-------------------------------------------|
|            | Jack Jie Qin, Principal Executive Officer |

----

|   | (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. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| August 23, 2011 | /s/ Jeffery Cheung                                         |
|-----------------|------------------------------------------------------------|
|            | Jeffery Cheung, Principal Financial and Accounting Officer |

----
STATE of Missouri, Respondent, v. William Kody ZABRISKIE, Appellant.

WD 79677

Missouri Court of Appeals, Western District.

ORDER FILED: October 30, 2018

Shaun Mackelprang, Jefferson City, MO, for respondent.

Jedd C. Schneider, Columbia, MO, for appellant.

Before Division Three: Gary D. Witt, Presiding Judge, Cynthia L. Martin, Judge and Anthony Rex Gabbert, Judge

**ORDER**

Per curiam:

Appellant William Zabriskie ("Zabriskie") appeals his conviction of the class C felony of possession of a controlled substance, section 195.202, following a jury trial in the circuit court of Henry County, Missouri. Zabriskie was sentenced to eight years' imprisonment as a prior offender. On appeal, Zabriskie alleges that there was insufficient evidence to find that he possessed the methamphetamine in question. We affirm. Rule 30.25(b).
TELEPHONE CONTACT SUMMARY

Brick and Structural Clay P roducts

FROM : Richard Marinshaw

RTI International

DATE OF CONTACT: July 10 , 200 9

ORGANIZATION CONTACTED:

Morin Brick Company

130 Morin Brick Road

Auburn, ME 04210

PERSON CONTACTED:

Norman Da vis , President

207

- 784

- 9375

PURPOSE OF CONTACT:

To obtain additional in formation on the operation of the tunnel kiln at the plant

.

SUMMARY OF CONTACT:

Mr. Davis was contacted for information the tunnel kiln at the Morin Brick

Company (Morin) plant in Au burn, Maine . Th i s kiln i s classified as a small kiln

(production capacity less than 10 tons/hr) and is controlled with a dry limestone adsorber

. According to Mr. Davis, the kiln has never been tested for hydrogen fluoride (HF),

hydrochloric acid (HCl), o r particulate matter (PM) , and there are no current plans to test

the kiln. He noted that the kiln is currently in operation. He also explained that the

facility is currently classified as a minor source for hazardous air pollutants.
* 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. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-30282

(Summary Calendar)

STEVE J. GARNER,

Plaintiff-Appellant,

versus

SUE B. HEAD,

Defendant-Appellee.

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

for the Western District of Louisiana

(USDC No. 96-CV-1911)

- - - - - - - - - - January 5, 1997

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Steve J. Garner, federal prisoner # 17799-001, argues that the

dist rict court erred in dismissing his complaint for failure to

state a claim pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii). Garner

argues that the defendant Sue Head, a federal proba tion officer,

allowed false information to remain in Garner’s presentence report

which resulted in his being denied bail following his arrest.

Garner further alleged that he received very little food while

awaiting his criminal trial in the West Monroe Jail which rendered2

him mentally incapable of testifying on his own behalf at trial.

Garner’s motion for appointment of counsel is DENIED.

We have reviewed the record, including the decision of the

district court and the brief filed by Garner. Essentially for

reasons adopted by the district court, Garner v. Head , No. 96-CV1911 (W.D. La. March 3, 1997) (unpublished), we hold that the

district court did not err in dismissing the complaint for failure

to state a claim upon which relief can be granted.

Garner has not argued on appeal his claims concerning the

conditi o ns of confinement at the Lewisburg, Pennsylvania, and

Atlanta, Georgia, j ails. Therefore, these claims are deemed

abandoned on appeal. S ee Brinkmann v. Dallas County Deputy Sheriff

Abner , 813 F.2d 744, 748 (5th Cir. 1987)

Garner’s appeal is without arguable merit and thus frivolous.

See Howard v. King

, 707 F.2d. 215, 219-20 (5th Cir. 1983). Because

the appeal is frivolous, it is DISMISSED. See 5th Cir. R. 42.2.

APPEAL DISMISSED.
Exhibit 32.2



CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Goldland Holdings, Co., a Delaware corporation (the "Company"), does hereby certify, to the best of his knowledge, that:



1.     The Annual Report on Form 10-K for the period ending December 31, 2010 (the "Report") of the Company complies in all material respects 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.



/s/ Thomas Ridenour

Thomas Ridenour,

Chief Financial Officer

(principal financial and accounting officer)



Date:  March 31, 2011