alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-20-00411-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG 

TATIANA LEONARD, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 214th District Court

of Nueces County, Texas.

ORDER OF ABATEMENT

Before Justices Benavides, Hinojosa, and Silva

Order Per Curiam

This cause is before the Court on its own motion. Appellant has been granted two 

extensions and appellant’s brief was due on March 18, 2021. On March 22, 2021, the 

Clerk of the Court, sent the Honorable Coretta T. Graham notice that the brief was past 

due. To date, we have not received a brief or response.
2

Accordingly, we now ABATE this appeal and REMAND the cause to the trial court 

for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate 

Procedure. Upon remand, the trial court shall utilize whatever means necessary to make 

appropriate findings and recommendations concerning the following: (1) whether 

appellant desires to prosecute this appeal; (2) why appellant's counsel has failed to file a 

brief and whether counsel has effectively abandoned the appeal; (3) whether appellant 

has been denied effective assistance of counsel; (4) whether appellant's counsel should 

be removed; and (5) whether appellant is indigent and entitled to court-appointed counsel.

If the trial court determines that appellant does want to continue the appeal, that 

present counsel should be removed, and that appellant is indigent and entitled to 

court-appointed counsel, the trial court shall appoint new counsel to represent appellant 

in this appeal. If new counsel is appointed, the name, address, telephone number, email 

address and state bar number of said counsel shall be included in an order.

The trial court shall cause its findings and order, if any, to be included in a 

supplemental clerk's record. Furthermore, the trial court shall cause a supplemental 

reporter's record of any proceedings to be prepared. The supplemental clerk's record and 

supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or 

before the expiration of thirty days from the date of this order.

It is so ORDERED.

PER CURIAM

Do not publish

Tex. R. App. P. 47.2(b)

Delivered and filed on the

16th day of April, 2021.
Claretha ROSS, petitioner, v. Charles TODD.

No. 16-5163.

Supreme Court of the United States

Nov. 28, 2016.

Motion of petitioner for reconsideration of order denying leave to proceed *in forma pauperis* denied.
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<DEPRECIATION>                                 (7,790)
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<PREFERRED-MANDATORY>                                0
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<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                               1,726
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<EPS-PRIMARY>                                    (.79)
<EPS-DILUTED>                                    (.79)
        

</TABLE>
1069.

#### ARNOLD *v.*LOUISVILLE AND NASHVILLE RAILROAD COMPANY.

While a clause in a contract for the shipment of live-stock, providing that, as a condition precedent to the shipper’s right to recover any damages for loss or injury, he should give notice in writing of his claim therefor before the animals are removed from the place of destination and before they are mingled with other animals, is prima facie reasonable and binding, nevertheless it may be waived or rendered unreasonable and unenforceable in the particular case by the conduct of the carrier.

Action for damages, from city court of Atlanta — Judge Calhoun. January 24, 1908.

Argued May 5,

Decided July 25, 1908.

*Burton Smith, Lawton Nally,*for plaintiff.

*Tye, Peeples, Bryan & Jordan,*for defendant.

Powell, J.

The suit was for damages to live-stock shipped under the usual form of signed special contract. The company was to furnish the shipper transportation, on the train with the stock, and he assumed certain duties in relation to the stock, which otherwise the carrier should have performed. After about half of the journey was completed, the carrier refused to allow him further passage on the train with the stock; and thus he was prevented from accompanying it as required in the contract. Upon the trial he showed these facts, but the court directed a verdict *520for the defendant, chiefly, we infer from the argument, upon the ground that the shipper did not comply with that clause of the contract which provided that, as a condition precedent to the. shipper’s right to recover any damages for loss or injury, he should give notice in writing of his claim therefor before the animals were removed from the place of destination, or place of delivery to the shipper, and before they were mingled with other animals. •It seems, from the evidence, that when the shipper was refused transportation on the train that brought the stock, he took another train, and arrived ahead of them, and that the stock were delivered in the stock-pens of his agents at the point of destination before he knew they had arrived.

While this clause of the contract just mentioned has been held to be reasonable and valid *(Southern Ry. Co.*v. *Adams,*115 *Ga.*705, 42 S. E. 35), still it may be waived, or rendered unreasonable and unenforceable as to the particular case, by the conduct of the carrier. *Central R. Co.*v. *Pickett,*87 *Ga.*734 (13 S. E. 750); *Carter*v. *So. Ry. Co.,*3 *Ga. App.*35 (5), (59 S. E. 209). If the carrier, in breach of its contract, refused to allow the shipper to accompany the stock, it thereby relieved him from those duties he had assumed, so far as the due performance of them was dependent upon his being present with the shipment throughput the journey. It was a jury question as to whether the carrier, by refusing the 'shipper transportation on the freight train and by unloading the stock into his agent’s pens before he had time to inspeet them, did not waive or render unreasonable in the particular case this clause of the contract. *Judgment reversed,.*
Exhibit 32.2


                            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 SiriCOMM, Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on May 11, 2005 (the "Report"), I, J. Richard
Iler, Chief Financial 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/ J. Richard Iler
--------------------------
J. Richard Iler
Chief Financial Officer
May 11, 2005


A signed original of this certification 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.
<TABLE> <S> <C>

<ARTICLE> 6
 

<CIK>     0000744822


<NAME>      Fidelity Investment Trust


<SERIES>

        <NUMBER>        21


        <NAME>      Fidelity Europe Fund


<MULTIPLIER>    1,000


       

<S>

<C>

<PERIOD-TYPE>

6-MOS


<FISCAL-YEAR-END>

OCT-31-1998


<PERIOD-END>

APR-30-1998


<INVESTMENTS-AT-COST>

1,091,307


<INVESTMENTS-AT-VALUE>

1,569,060


<RECEIVABLES>

22,859


<ASSETS-OTHER>

2


<OTHER-ITEMS-ASSETS>

0


<TOTAL-ASSETS>

1,591,921


<PAYABLE-FOR-SECURITIES>

57,879


<SENIOR-LONG-TERM-DEBT>

0


<OTHER-ITEMS-LIABILITIES>

9,772


<TOTAL-LIABILITIES>

67,651


<SENIOR-EQUITY>

0


<PAID-IN-CAPITAL-COMMON>

1,006,041


<SHARES-COMMON-STOCK>

41,762


<SHARES-COMMON-PRIOR>

29,501


<ACCUMULATED-NII-CURRENT>

5,744


<OVERDISTRIBUTION-NII>

0


<ACCUMULATED-NET-GAINS>

34,762


<OVERDISTRIBUTION-GAINS>

0


<ACCUM-APPREC-OR-DEPREC>

477,723


<NET-ASSETS>

1,524,270


<DIVIDEND-INCOME>

12,095


<INTEREST-INCOME>

1,731


<OTHER-INCOME>

(1,501)


<EXPENSES-NET>

6,407


<NET-INVESTMENT-INCOME>

5,918


<REALIZED-GAINS-CURRENT>

35,526


<APPREC-INCREASE-CURRENT>

233,119


<NET-CHANGE-FROM-OPS>

274,563


<EQUALIZATION>

0


<DISTRIBUTIONS-OF-INCOME>

11,392


<DISTRIBUTIONS-OF-GAINS>

68,664


<DISTRIBUTIONS-OTHER>

0


<NUMBER-OF-SHARES-SOLD>

13,333


<NUMBER-OF-SHARES-REDEEMED>

3,725


<SHARES-REINVESTED>

2,654


<NET-CHANGE-IN-ASSETS>

608,162


<ACCUMULATED-NII-PRIOR>

12,951


<ACCUMULATED-GAINS-PRIOR>

79,010


<OVERDISTRIB-NII-PRIOR>

0


<OVERDIST-NET-GAINS-PRIOR>

0


<GROSS-ADVISORY-FEES>

4,285


<INTEREST-EXPENSE>

0


<GROSS-EXPENSE>

6,439


<AVERAGE-NET-ASSETS>

1,097,435


<PER-SHARE-NAV-BEGIN>

31.050


<PER-SHARE-NII>

 .170


<PER-SHARE-GAIN-APPREC>

8.020


<PER-SHARE-DIVIDEND>

 .390


<PER-SHARE-DISTRIBUTIONS>

2.350


<RETURNS-OF-CAPITAL>

0


<PER-SHARE-NAV-END>

36.500


<EXPENSE-RATIO>

120


<AVG-DEBT-OUTSTANDING>

0


<AVG-DEBT-PER-SHARE>

0



        



</TABLE>
Commodity Futures Trading Commission 

 Office of Public Affairs 

 Three Lafayette Centre 

 1155 21st Street, NW 

 Washington, DC 20581 

 www.cftc.gov

Q & A – Reporting, Recordkeeping, and Daily Trading Records 

Requirements for Swap Dealers and Major Swap Participants 

What is the goal of the proposed rulemaking? 

The Dodd-Frank Act establishes reporting, recordkeeping, and daily trading records requirements for swap dealers 

and major swap participants and requires the CFTC to adopt rules prescribing the records to be maintained by swap 

dealers and major swap participants and the required reporting by such entities. The goal of the proposed 

rulemaking is to set forth the records to be maintained by swap dealers and major swap participants and required 

reporting by such entities. 

What registrants are covered by the proposed regulations? 

The proposed regulations would apply to swap dealers and major swap participants. 

By when must comments on the rules be submitted? 

Comments on the rules must be submitted within sixty (60) days of the publication of the proposal in the Federal 

Register. 

What are the daily trading record requirements? 

The proposed rules set forth daily trading record requirements, which would include trade information related to 

pre-execution, execution, and post-execution data. The proposed rule would require swap dealers and major swap 

participants to ensure (1) that they preserve all information necessary to conduct a comprehensive and accurate 

trade reconstruction for each swap, and (2) that they maintain each transaction record as a separate electronic file 

identifiable and searchable by transaction and counterparty. 

Pre-execution trade information would include records of all oral and written communications that lead to the 

execution of a swap, whether communicated by telephone, voicemail, facsimile, instant messaging, chat rooms, 

electronic mail, mobile device, or other digital or electronic media. This rule would require swap dealers and major 

swap participants to maintain recordings of telephone calls and other communications created in the normal course 

of its business, but would not establish an affirmative new requirement to create recordings of all telephone 

conversations if the complete audit trail requirement can be met through other means, such as electronic messaging 

or trading. 

Commodity Futures Trading Commission ♦ Office of Public Affairs ♦ 202-418-5080
<PAGE>
EXHIBIT 10.224

                                        NOTICE OF ASSIGNMENT
                                        --------------------

Meadow Valley Contractors, Inc.
P.O. Box 60726
Phoenix, AZ 85082

Re: Contract #000813-000
             #0000813-000


    This will serve as notice to you that the payments due from you under the
Promissory Note between you and Astec Financial Services, Inc. dated
September 17, 2002 have been assigned to The CIT Group/Equipment Financing, Inc.
("CIT"). Until you are directed otherwise by CIT, your payments should be
forwarded directly to:

                   CIT Group/Equipment Financing, Inc.
                   1540 W. Fountainhead Pkwy
                   Tempe, AZ 85282

    Please sign and return the enclosed copy of this notice to CIT
Group/Equipment Financing, Inc. at its address stated above.
<Table>
<Caption>
ASTEC FINANCIAL SERVICES, INC.       CIT GROUP/EQUIPMENT FINANCING, INC.
<S><C>                               <C>

By: [Illegible]                      By: [Illegible]
   ----------------------------         -----------------------------
Title:  Secretary                    Title:  Agent
      -------------------------            --------------------------

    The undersigned acknowledges receipt of notice of the assignment referenced
 above.

                                        MEADOW VALLEY CONTRACTORS, INC.

                                        By:
                                           --------------------------------
                                        Title:
                                              -----------------------------

</Table>
Joseph MEGWA, petitioner, v. UNITED STATES.

No. 16-6765.

Supreme Court of the United States

Jan. 9, 2017.

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

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1776 Reported in House (RH)]

                                                 House Calendar No. 256
111th CONGRESS
  2d Session
H. RES. 1776

                          [Report No. 111-689]

  Providing for consideration of the joint resolution (H.J. Res. 105) 
making further continuing appropriations for fiscal year 2011, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2010

   Mr. Polis of Colorado, from the Committee on Rules, reported the 
  following resolution; which was referred to the House Calendar and 
                         ordered to be printed

_______________________________________________________________________

                               RESOLUTION

 
  Providing for consideration of the joint resolution (H.J. Res. 105) 
making further continuing appropriations for fiscal year 2011, and for 
                            other purposes.

    Resolved, That upon the adoption of this resolution it shall be in 
order to consider in the House the joint resolution (H.J. Res. 105) 
making further continuing appropriations for fiscal year 2011, and for 
other purposes. All points of order against consideration of the joint 
resolution are waived except those arising under clause 10 of rule XXI. 
The joint resolution shall be considered as read. All points of order 
against provisions in the joint resolution are waived. The previous 
question shall be considered as ordered on the joint resolution to 
final passage without intervening motion except: (1) one hour of debate 
equally divided and controlled by the chair and ranking minority member 
of the Committee on Appropriations; and (2) one motion to recommit.
                                                 House Calendar No. 256

111th CONGRESS

  2d Session

                              H. RES. 1776

                          [Report No. 111-689]

_______________________________________________________________________

                               RESOLUTION

  Providing for consideration of the joint resolution (H.J. Res. 105) 
making further continuing appropriations for fiscal year 2011, and for 
                            other purposes.

_______________________________________________________________________

                           December 17, 2010

        Referred to the House Calendar and ordered to be printed
```
[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Notices]
[Pages 6662-6663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1572]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-957-00-1420-BJ: GP01-0069]


Filing of Plats of Survey: Oregon/Washington

AGENCY: Bureau of Land Management, Interior.

ACTION:  Notice.

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

SUMMARY: The plats of survey of the following described lands are 
scheduled to be officially filed in the Oregon State Office, Portland, 
Oregon, thirty (30) calendar days from the date of this publication.

Willamette Meridian

Oregon

T. 22 S., R. 8 W., accepted November 3, 2000
T. 19 S., R. 1 W., accepted November 13, 2000
T. 29 S., R. 10 W., accepted November 22, 2000
T. 31 S., R. 5 W., accepted December 18, 2000

Washington

T. 23 N., R. 10 W., accepted November 6, 2000

    If protests against a survey, as shown on any of the above plat(s), 
are received prior to the date of official filing, the filing will be 
stayed pending consideration of the protest(s). A plat will not be 
officially filed until the day after all protests have been dismissed 
and become final or appeals from the dismissal affirmed.
    The plat(s) will be placed in the open files of the Oregon State 
Office, Bureau of Land Management, 1515 SW. 5th Avenue, Portland, 
Oregon 97201, and will be available to the public as a matter of 
information only. Copies of the plat(s) may be obtained from the above 
office upon required payment. A person or party who wishes to protest 
against a survey must file with the State Director, Bureau of Land 
Management,

[[Page 6663]]

Portland, Oregon, a notice that they wish to protest prior to the 
proposed official filing date given above. A statement of reasons for a 
protest may be filed with the notice of protest to the State Director, 
or the statement of reasons must be filed with the State Director 
within thirty (30) days after the proposed official filing date.
    The above-listed plats represent dependent resurveys, survey, and 
subdivision.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, (1515 SW. 
5th Avenue) P.O. Box 2965, Portland, Oregon 97208.

    Dated: January 3, 2001.
Robert D. DeViney, Jr.,
Branch of Realty and Record Services.
[FR Doc. 01-1572 Filed 1-19-01; 8:45 am]
BILLING CODE 4310-33-M
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS OF AMERICAN GAMING &
ENTERTAINMENT, LTD. FOR THE THREE MONTH PERIOD ENDED MARCH 31, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         240,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,466,000
<PP&E>                                      12,673,000
<DEPRECIATION>                               2,957,000
<TOTAL-ASSETS>                              11,649,000
<CURRENT-LIABILITIES>                       58,261,000
<BONDS>                                         21,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                 13,653,000
<COMMON>                                       126,000
<OTHER-SE>                                (64,891,000)
<TOTAL-LIABILITY-AND-EQUITY>                11,649,000
<SALES>                                              0
<TOTAL-REVENUES>                                 1,000
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               634,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,363,000
<INCOME-PRETAX>                            (1,975,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,975,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,442,000)
<EPS-PRIMARY>                                   (0.19)
<EPS-DILUTED>                                   (0.19)
        

</TABLE>