alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
. . ” ’



### THEATRY-ORNEY GENEKAL OF TEXAS

WILL WIJBON A’ITORNEY GENEHAL October 7, 1957

Hon. Robert S. Calvert Comptrollerof Public Accounts Capitol Station Austin 11, Texas

Dear Mr. Calvert: Opdnion.No.WW-270 & ; : ~, ;~ Whe.the,r

or not the W: ,T. Grant Company,Dallas, Texas; is subject to taxationunder the leasehold agreementreferred to in Article 7173, R.C.S. You request the opinion of this office upon.the ad valorem taxablllty.ofthe lease-holdestate of W.,T. Grant Company In certain real estate locatedAn Dallas, Texas, in:: which the Universityof Texas Is the lessor and W. T. Grant Company is the lessee.

You submittedwith your request a copy of the lease involved. It is dated December 12, 19?6,,and expires June 30, 1959. The real property,covered by the lease is concededly State-ownedproperty and since it is for a term of more than three years its taxabllityis governed,byArticle 7173, Vernon's Civil Statutes,which provides in,part~,.as followg: "Propertyheld under a lease for a term of three years or more, orheld under a contract for the purchase thereof, belonging to :thisState, or that is exempt by law from taxation in the hands of the owner thereof, shall be considered for all the purposes of taxation,as the property of the pers,on so holding the same, except as otherwise specifically provided by law." This Statutewas construedby the Supreme Court of this State In the case of Tramwellv. Faught, Tax Collector, 74 Tex. 557, 12 S.W.317, as applicableto the lease-holdestate and not to ownership of the fee In the following language. which we quote from the opinion:

. II .If appellanthad held the lands kder an absolute lease for a term of three years or more, his leasehold estatewould have beensubject to '~ ~';, '~ ,~-

-- ’

Hon. Robert S. Calvert, Page 2 (W-270)

taxationupon such value as it would bring at a fair voluntary sale for cash, but he would not have been liable to taxes upon the value of the freehold estate in the lands." Our researchdoes not reveal that this ruling of the Supreme Court has been departed'from. Article 717&j V.C.S. provideshow such lease-holdestate shall be valued. This Statuteprovides lfi'part as follows: "Taxable leaseholdestates shall be valued at such a price as they would bring at a fair voluntary sale for cash." You are, therefore,respectfullyadvised that the lease-holdestate of W. T. Grant Company In the real property In question is subject to ad valorem taxes,and,the value shouldbe ascertainedas provided In Article 7174, V.C.S; ,.) SUMMARY ,:,I, A lease-holdestate of the ~lesseein : ., property owned by the Statewhich is for a term of three or more years is subject to ad valorem taxation;-The value Should be ascertalned,as.provided In Article 7174, V.C.S. Very truly yours, WILL WILSON AttorneyGeneral LPL:gs APPROVED: By " (i,\ !" 4,&e b/J OPINION COMMITTEE L. P. Lolla Geo. P. Blackburn,Chairman A,sslstant Joe Rollins J. Milton Richardson " B. H. Timmins, Jr. Houghton Brownlee,.J??. REVIEWEDFOR THE ATTORNEYGENERAL By: James N. Ludlum
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: GASTON GODOY 

DOCKET NUMBER: 56 

DATE: APRIL 1, 1954 

DOCUMENT TYPE: ORDER OF DISMISSAL 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re Gaston Godoy, Respondent 

CEA Docket No. 56 

Order of Dismissal 

This is a disciplinary proceeding under the Commodity Exchange Act (7 U.S.C. 

Chapter 1), instituted by a complaint issued under section 6(b) of the act (7 

U.S.C. 9) on February 21, 1953, by the Acting Secretary of Agriculture. 

Information has been received to the effect that the respondent in this 

proceeding died on February 14, 1954. Accordingly, the complaint is dismissed 

and the proceeding is terminated. 

Done at Washington, D. C., this 1 day of Apr. 1954. 

/s/ Thomas J. Flavin 

Judicial Officer 

LOAD-DATE: June 11, 2008 
Page 2 
Page 3
United States Court of Appeals

for the Fifth Circuit

No. 21-11127

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

John Lewis Davis, II, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:17-CR-669-2

Before Smith, Dennis, and Southwick, Circuit Judges.

Per Curiam:*

The attorney appointed to represent John Lewis Davis, II, has moved 

for leave to withdraw and has filed a brief in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Davis has not filed a response. We have reviewed counsel’s brief 

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 1, 2022

Lyle W. Cayce

Clerk

Case: 21-11127 Document: 00516413812 Page: 1 Date Filed: 08/01/2022
No. 21-11127

2

and the relevant portions of the record reflected therein. We concur with 

counsel’s assessment that the appeal presents no nonfrivolous issue for 

appellate review. Accordingly, counsel’s motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and 

the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.

Case: 21-11127 Document: 00516413812 Page: 2 Date Filed: 08/01/2022
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1446 Engrossed in House (EH)]

H. Res. 1446

                In the House of Representatives, U. S.,

                                                         June 30, 2010.
Whereas the City of Tracy is located in San Joaquin County, which is home to 
        more than 42,000 veterans;
Whereas the Tracy area is home to the Defense Distribution Depot San Joaquin, 
        which serves as a vital distribution center for materials and supplies 
        for the United States Armed Forces;
Whereas the City of Tracy maintains a cherished memorial containing the names of 
        the heroes from Tracy who made the ultimate sacrifice in service to the 
        United States from World War I to the present;
Whereas Camp Tracy, located near the City of Tracy, played a role in 
        intelligence operations that contributed to the war effort during World 
        War II;
Whereas members of the United States Armed Forces from the City of Tracy served 
        bravely, and many lost their lives, in the Korean War, Vietnam War, 
        Persian Gulf War, and other military conflicts of the 20th century;
Whereas members of the United States Armed Forces from the City of Tracy have 
        served with honor in the wars in Iraq and Afghanistan; and
Whereas the Tracy Press reported on November 11, 2008, that the City of Tracy 
        has endured one of the Nation's highest per capita casualty rates in the 
        war in Iraq: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) expresses its gratitude to the veterans of the City of Tracy, 
        California, who have committed their lives to serving the United States; 
        and
            (2) expresses its gratitude to all of the residents of the City of 
        Tracy, California, for their century-long commitment to serving the 
        United States.
            Attest:

                                                                          Clerk.
```
No. 745.

#### Richmond Screw Anchor Co., Inc. *v.*Umbach et al.

C. A. 7th Cir.

*Victor E. LaRue*and *Eugene A. Tappy*for petitioner.

*Fred Gerlach*for respondents.

Certiorari denied.
#### In the Matter of Reginald Horne, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent.

[874 NYS2d 394]-

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of drug use. We now confirm.

The determination of guilt is supported by substantial evidence including the misbehavior report and positive drug test results and related documentation *(see Matter of Castillo v Goord,*46 AD3d 1060, 1061 [2007]). Although the misbehavior report erroneously indicated that petitioner tested positive for THC—instead of correctly referencing opiates—this inadvertent error was sufficiently explained by the reporting correction officer during his hearing testimony *(see Matter of Harrison v Fischer,*56 AD3d 917, 917 [2008]). Petitioner’s remaining contentions are unpreserved for our review.

Cardona, P.J., Mercure, Lahtinen, Malone Jr. and McCarthy, JJ, concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: HERALD E. GIBBS 

DOCKET NUMBER: 87 

DOCUMENT TYPE: ISSUANCE OF COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

Commodity Exchange Authority 

Washington 25, D. C. 

ISSUANCE OF COMPLAINT - CEA DOCKET NO. 87 

(Administrative Hearing under the Commodity Exchange Act) 

A complaint and notice of hearing has been signed by the Acting Secretary of 

Agriculture, charging violation of the Commodity Exchange Act by: 

Herald E. Gibbs 

700 Bittersweet Place 

Chicago, Illinois 

The complaint charges that the respondent, while acting as a floor broker in 

wheat futures on the Chicago Board of Trade, took the opposite side of his 

principals orders without their prior consent, matched orders received from the 

same principal and offset orders received from different principals. The 

respondent is a registered floor broker under the Commodity Exchange Act. 

The issuance of a complaint under the Commodity Exchange Act does not 

constitute proof of violation of the law. Such violation is established only 

when the Judicial Officer of the Department has made a determination that the 

evidence substantiates allegations in the complaint. Complaints are filed in 

the Office of the Hearing Clerk of the Department of Agriculture and are a 

matter of public record. Pending disposition by the Judicial Officer, it is the 

policy of the Commodity Exchange Authority not to comment or elaborate on 

charges contained in complaints or to discuss evidence on which they are based. 

A public hearing on the complaint is scheduled to be held before a referee at 

10:00 a.m., local time, October 23, 1958, in Room 1200, Board of Trade Building, 

141 West Jackson Boulevard, Chicago, Illinois. 

LOAD-DATE: June 12, 2008 
Page 2
No. 359.

#### Chicago Gravel Co. *v.*Columbian National Life Insurance Co.

October 14, 1935.

*Messrs. William Beye, Harry I. Allen,*and *Leonard F. Martin*for petitioner.

*Messrs. Wm. P. Sidley*and *Frederick H. Nash*for respondent.

Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           2,534
<INT-BEARING-DEPOSITS>                          23,872
<FED-FUNDS-SOLD>                                72,875
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          14,964
<INVESTMENTS-MARKET>                            15,429
<LOANS>                                        531,480
<ALLOWANCE>                                        665
<TOTAL-ASSETS>                                 656,183
<DEPOSITS>                                     483,941
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              2,255
<LONG-TERM>                                     70,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            86
<OTHER-SE>                                      86,347
<TOTAL-LIABILITIES-AND-EQUITY>                 656,183
<INTEREST-LOAN>                                 36,798
<INTEREST-INVEST>                                3,970
<INTEREST-OTHER>                                   239
<INTEREST-TOTAL>                                41,007
<INTEREST-DEPOSIT>                              21,859
<INTEREST-EXPENSE>                                 191
<INTEREST-INCOME-NET>                           22,050
<LOAN-LOSSES>                                       90
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  8,177
<INCOME-PRETAX>                                 11,888
<INCOME-PRE-EXTRAORDINARY>                      11,888
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,402
<EPS-PRIMARY>                                     1.00
<EPS-DILUTED>                                     1.00
<YIELD-ACTUAL>                                    3.38
<LOANS-NON>                                        400
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   575
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  665
<ALLOWANCE-DOMESTIC>                               665
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
| (1)   | the      quarterly Report on Form 10-Q of Windstar, Inc. for the quarter ended      December 31, 2008 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 quarterly Report on Form 10-Q for the quarter      ended December 31, 2008, fairly presents in all material respects,      the financial condition and results of operations of Windstar,      Inc. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ Siew Mee      Fam                                                           |
|--------|---------------------------------------------------------------------------------|
| Name:  | Siew      Mee Fam                                                               |
| Title: | Principal      Executive Officer, Principal      Financial Officer and Director |
| Date:  | February      4, 2009                                                           |
[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Notices]
[Page 32365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14961]



[[Page 32365]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and/or contract proposals 
and the discussions could disclose confidential trade secrets or 
commercial property such as patentable material, and personal 
information concerning individuals associated with the grant 
applications and/or contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel Genetic Modifiers of Single Gene Defect 
Diseases.
    Date: June 25-26, 2001.
    Time: 7 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications and/or 
proposals.
    Place: Holiday Inn, 5520 Wisconsin Avenue, Chevy Chase, MD 
20815.
    Contact Person: Robert B. Moore, Scientific Review 
Administrator, Review Branch, Room 7192, Division of Extramural 
Affairs, National Heart, Lung, and Blood Institute, National 
Institutes of Health, Bethesda, MD 20892, 301-435-3541, 
<a href="/cdn-cgi/l/email-protection#670a080815020527090f0b050e49090e0f49000811"><span class="__cf_email__" data-cfemail="1f7270706d7a7d5f7177737d763171767731787069">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)


    Dated: June 6, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-14961 Filed 6-13-01; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
H. Res. 1479 

In the House of Representatives, U. S., 

September 30 (legislative day, September 29), 2010. 

Whereas today there are more than 21 million Americans 

with a physical disability; 

Whereas in the past few years thousands of military personnel have sustained serious injuries during active duty; 

Whereas research shows that daily physical activity enhances 

self-esteem and peer relationships, and results in increased achievement, better overall health, and a higher 

quality of life; 

Whereas United States Paralympics, a division of the United 

States Olympic Committee, is dedicated to becoming the 

world leader in the Paralympic sports movement, and 

promoting excellence in the lives of people with physical 

disabilities; 

Whereas since its formation in 2001, United States 

Paralympics has been inspiring Americans to achieve 

their dreams; 

Whereas United States Paralympics makes a difference in the 

lives of thousands of individuals with a physical disability 

every day; 

Whereas United States Paralympic athletes have been competing in the Paralympic Games since 1960; 
2 

•HRES 1479 EH 

Whereas the athletes in the Paralympic Games are the very 

best at their sports, devote countless hours to training, 

and receive support from their families, schools, and communities; 

Whereas the United States Paralympics Team brought home 

a total of 13 medals, including 4 gold medals, from the 

2010 Paralympic Winter games in Vancouver; and 

Whereas the United States Paralympics Team won gold medals in Ice Hockey (Ice Sledge Hockey), Women’s Super 

Combined (Sitting), Women’s Downhill (Sitting), and 

Women’s Giant Slalom (Sitting): Now, therefore, be it 

Resolved, That the United States House of Representatives— 

(1) supports the work of the United States 

Paralympics; 

(2) congratulates all of the United States 

Paralympics Team medal winners from the 2010 Winter 

Paralympic Games in Vancouver, British Columbia; 

(3) honors all of the Paralympic athletes for their 

contributions to the games; and 

(4) recognizes the contributions of the athletes’ 

families, schools, and communities to the Paralympic 

Games, and the United States Team. 

Attest: 

Clerk.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MICHAEL HASPEL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D2023-0326

[March 7, 2024]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Edward H. Merrigan, Jr., Judge; L.T. Case No. 10-

8926CF10A.

Michael Haspel, Lowell, pro se.

Ashley Moody, Attorney General, Tallahassee, and Jeanine 

Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

WARNER, CIKLIN and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Lauro GUTIERREZ-LLAMAS, also known as Larry Gutierrez, Petitioner v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

No. 07-60298

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 11, 2008.

*347Jodilyn Marie Goodwin, Jodi Goodwin Law Office, Harlingen, TX, for Petitioner.

Thomas Ward Hussey, Director, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Kenneth L. Pasquarell, Acting District Director, U.S. Immigration & Naturalization Service, District Directors Office, San Antonio, TX, for Respondent.

Before DAVIS, GARZA and PRADO, Circuit Judges.

PER CURIAM: *

Lauro Gutierrez-Llamas (Gutierrez), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming a final order of removal. Gutierrez argues that he is eligible for relief under former 8 U.S.C. § 1182(a) (repealed), because that statute does not require the existence of a corresponding or comparable ground of remova-bility in order to obtain discretionary relief, and the denial of relief under that section violates equal protection. He also requests remand to pursue an application for adjustment of status.

To the extent that Gutierrez requests that he be allowed to apply for an adjustment of status through his United States citizen daughter, he has not adequately briefed this issue, *see Yohey v. Collins,*985 F.2d 222, 224-25 (5th Cir.1993), and we lack jurisdiction to address this claim because he did not request this relief before the BIA. *See*8 U.S.C. § 1252(d)(1) (requiring exhaustion of administrative remedies); *Falek v. Gonzales,*475 F.3d 285, 289 (5th Cir.2007). Gutierrez’s assertions that he is entitled to relief under § 1182(c) are foreclosed by our precedent. *See Vo v. Gonzales,*482 F.3d 363 (5th Cir.2007); *Avilez-Granados v. Gonzales,*481 F.3d 869 (5th Cir.2007); *Cantu v. Mukasey,*267 Fed.Appx. 321 (5th Cir.2008) (unpublished).

The petition for review is DENIED.

*

 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.
Exhibit (i)(4)

**CONSENT OF SHEARMAN & STERLING LLP**

We hereby consent to the use of our opinion of counsel regarding the Fidelity AdvisorDiversified International Fund, Fidelity Advisor Emerging Asia Fund, Fidelity AdvisorEurope Capital Appreciation Fund, Fidelity Advisor Global Equity Fund, Fidelity AdvisorInternational Capital Appreciation Fund, Fidelity Advisor Japan Fund, Fidelity AdvisorKorea Fund, Fidelity Advisor Latin America Fund, Fidelity Advisor Overseas Fund andFidelity Advisor Value Leaders Fund series of Fidelity Advisor Series VIII  (the "Trust"),filed as part of this Post-Effective Amendment No. 81 to the Registration Statement (FileNos. 002-86711 and 811-03855) and incorporated by reference to Exhibit (i) toPost-Effective Amendment No. 74 to the Registration Statement, and to the use of ouropinion of counsel regarding the Fidelity Advisor Emerging Markets Fund series of the Trust,filed as part of this Post-Effective Amendment No. 81 to the Trust's Registration Statementon Form N-1A (File Nos. 002-86711 and 811-03855) and incorporated by reference toExhibit (i) to Post-Effective Amendment No. 76 to the Registration Statement.