alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE

TENTH COURT OF APPEALS

No. 10-08-00268-CV

IN RE TEXAS DEPARTMENT OF FAMILY 

AND PROTECTIVE SERVICES

No. 10-08-00270-CV

IN RE JAMES EHLERS

Original Proceeding

MEMORANDUM OPINION

The Department of Family and Protective Services filed an application with this 

Court for the issuance of a writ of mandamus against the Respondent, Honorable Greg 

Wilhelm, Judge of the County Court at Law No. 1 of Ellis County. James Ehlers, joined 

by attorney ad litem Gloria Ortiz, also filed a mandamus application against Judge 

Wilhelm. In both applications, the parties contend that Respondent abused his

discretion by refusing to enter a final judgment memorializing the jury’s verdict in a 
In re Tex. Dep’t of Family & Protective Servs. Page 2

parental-rights termination case and by issuing an order appointing a transition master 

and a transition coordinator. Ehlers further contends that Respondent abused his

discretion because the transition order effectively denies him access to his daughter.

However, the trial court has since signed a final judgment and a separate order 

vacating its transition order. Accordingly, we dismiss the mandamus applications as 

moot. See In re Jaramillo, 164 S.W.3d 774, 775 (Tex. App.—Texarkana 2005, orig. 

proceeding).

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petitions dismissed

Opinion delivered and filed September 17, 2008

[OT06]
##### 



Exhibit 32.1
 *
  (i)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and(ii)
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operation of the Company.
    
   
  
 *
    
    This certification, required by Section 906
of the Sarbanes-Oxley Act of 2002, other than as required by Section 906, is
not deemed to be filed with the Commission or subject to the
rules and regulations promulgated by the Commission under the Securities
Exchange Act of 1934, as amended, or to the liabilities of Section 18 of said
Act.
Lorine SPENCE v. Laura WASCO.

No. 359P15.

Supreme Court of North Carolina.

Oct. 27, 2015.

Lorine Spence, for Spence, Lorine.

*ORDER*

Upon consideration of the application filed by Plaintiff on the 26th of October 2015 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Wake County:

> "Denied by order of the Court in conference, this the 27th of October 2015."
**Exhibit 10.15**DESCRIPTION OF MANAGEMENT BONUS PLANSThe Company’s officers and certain key managers are included in a bonus plan (the “BonusPlan”). Each Bonus Plan participant is notified of a dollar amount or the percentage of base salaryup to which he or she is eligible to earn as a bonus and the goals which much be achieved to beeligible to receive such bonus. For fiscal year 2008, the percentages range from 10% toapproximately 65% of base salary and the goals are or include (a) the participant receiving anoverall job performance rating of “Effective” or better and (b) the Company earning net incomewithin or above a specified range (the “Eligibility Range”). For participants below the senior vicepresident level, each participant must also achieve (or be part of a department which achieves)specific goals for departmental or individual performance. Below the low end of the EligibilityRange bonuses are not expected to be paid. Within the Eligibility Range, the percentage of themaximum potential bonus which participants are eligible to earn increases as net income increases.If net income is at or above the highest level within the Eligibility Range, each participant iseligible to earn his or her maximum bonus potential. The final determination of all bonus paymentsto executive officers is made by the Compensation Committee of the Board of Directors. The finaldetermination of all other bonus payments is made by Mr. Wildrick.Mr. Wildrick does not participate in the Bonus Plan. The employment agreement between theCompany and Mr. Wildrick entitles Mr. Wildrick to a bonus of up to 250% of his base salary uponachievement by the Company of certain specified earnings per share goals, payable quarterly. Thegoals were established in fiscal year 2003 for each year of the current term of Mr. Wildrick’semployment agreement (fiscal year 2004 through fiscal year 2008).
# C_2009006EN.01002301.xml

| 10.1.2009 | EN | Official Journal of the European Union | C 6/23 |
| --- | --- | --- | --- |

10.1.2009

EN

Official Journal of the European Union

C 6/23

---

Judgment of the Court of First Instance of 19 November 2008 — Ercros v OHIM

(Case T-315/06) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community figurative mark TAI CROS - Earlier national word marks CROS, SOCIEDAD ANÓNIMA CROS and ERCROS - Earlier national figurative marks CROS - Relative ground for refusal - No likelihood of confusion - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/46)

Language of the case: German

Parties

Applicant: Ercros, SA (Barcelona, Spain) (represented by: R. Thierie, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Degussa GmbH, formerly Degussa AG (Düsseldorf, Germany) (represented by: S. Schäffler, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 September 2006 (Case R 29/2006-1) concerning opposition proceedings between Ercros, SA and Degussa GmbH.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Ercros, SA to pay the costs. |
| --- | --- |

2.

Orders Ercros, SA to pay the costs.

---

(1)  OJ C 326, 30.12.2006.

1

---
**Section906 Certifications**

CERTIFICATIONPURSUANT TO18 U.S.C. § 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the annual report of **Nevsun Resources Ltd.** (the“Company”) on Form 40-F for the fiscal year ending **December 31, 2012**, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), **I**, **Cliff T. Davis, Chief Executive Officer**of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

| 1. | TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities and Exchange Act of 1934; and |
|----|-------------------------------------------------------------------------------------------------------------------------|

| 2. | Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company. |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------|

Dated: **March 20, 2013**

|   | **/s/ *Cliff T.Davis***                    |
|--------|--------------------------------------------|
| By:    | *__________________________*               |
|   | **CliffT. Davis**Chief Executive Officer** |

----
Union Calendar No. 526 

113TH CONGRESS 

2D SESSION H. R. 3806 

[Report No. 113–695] 

To authorize payment of funds in accordance with the agreement entered 

into by the Tennessee Valley Authority, the State of North Carolina, 

Swain County, North Carolina, and the United States Department of 

the Interior. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 23, 2013 

Mr. MEADOWS introduced the following bill; which was referred to the 

Committee on Natural Resources 

DECEMBER 22, 2014 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on December 23, 2013] 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 3806 RH

A BILL 

To authorize payment of funds in accordance with the agreement entered into by the Tennessee Valley Authority, 

the State of North Carolina, Swain County, North Carolina, and the United States Department of the Interior. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 3806 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Smoky Mountains 

5 National Park Agreement Act of 2014’’. 

6 SEC. 2. AUTHORIZATION. 

7 From funds previously appropriated to the National 

8 Park Service in the construction account for that agency 

9 in the Consolidated Appropriations Act, 2012 (Public Law 

10 112–74), the National Park Service shall transfer 

11 $4,000,000 to counties within Great Smoky Mountains Na12 tional Park in accordance with the Memorandum of Agree13 ment entered into by the Tennessee Valley Authority and 

14 the United States Department of the Interior, dated Feb15 ruary, 2010, that supersedes the agreement of July 30, 

16 1943. 

Amend the title so as to read: ‘‘A bill to authorize 

a settlement in accordance with the agreement entered 

into by the Tennessee Valley Authority and the United 

States Department of the Interior, and counties within 

the Great Smoky Mountains National Park.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 526 

113TH CONGRESS 

2D SESSION H. R. 3806 

[Report No. 113–695] 

A BILL 

To authorize payment of funds in accordance with 

Department of the Interior. County, North Carolina, and the United States ley Authority, the State of North Carolina, Swain the agreement entered into by the Tennessee ValDECEMBER 22, 2014 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 01:42 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\H3806.RH H3806

emcdonald on DSK67QTVN1PROD with BILLS
In re the FORECLOSURE BY ROGERS TOWNSEND & THOMAS, PC, et al.

No. 276PA15-1.

Supreme Court of North Carolina.

May 17, 2016.

Renner Jo St. John, Attorney at Law, for Holder VF-1, Inc., et al.

Gregory M. Katzman, Wilmington, Attorney at Law, for Beasley, Julia Weskett.

Joseph S. Dowdy, Raleigh, Attorney at Law, for Holder VF-1, Inc., et al.

Donald Richard Pocock, Attorney at Law, for Holder VF-1, Inc., et al.

D. Martin Wart, Attorney at Law, for Holder VF-1, Inc., et al.

W. Cory Reiss, Wilmington, Attorney at Law, for Beasley, Julia Weskett.

The following order has been entered on the motion filed on the 17th of May 2016 by Respondent-Appellant for Leave to File Addendum to New Brief:

> "Motion Allowed by order of the Court in conference, this the 17th of May 2016."
---

---

Exhibit 10.1

# CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the
incorporation by reference in the Registration Statement on Form S-8 (No. 333-115661) and in the
Registration Statements on Form F-3 (Nos. 333-10684 and 333-12076) of Arel Communications and Software Ltd. of our report
dated June 23, 2005, relating to the consolidated financial statements of Arel
Communications and Software Ltd. for the year ended December 31, 2004, which appears in
this Form 20-F.

|                 |                                    
|---------------- | -----------------------------------
|
|
|
|
|Tel-Aviv, Israel | Kesselman & Kesselman              
|June 23, 2005    | Certified Public Accountants (Isr.)



---

---
ex4-1.htm


 


Exhibit 4.1


 








(In form of certificate, two-sided)


 







Newsearch, Inc. INCORPORATED UNDER THE LAWS OF THE STATE OF COLORADO 25,000,000 SHARES OF COMMON STOCK AUTHORIZED, $.001 PAR VALUE


 


NUMBER---------  SHARES----------


 


CUSIP


 


This certifies that is the owner of


 


FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK OF  Newsearch, Inc.


 


Transferable on the books of the corporation in person or by duly authorized attorney upon surrender of this certificate properly endorsed. This certificate and the shares represented hereby are subject to the laws of the State of Colorado, and to the Certificate of Incorporation and Bylaws by the Corporation, as now or hereafter amended. This certificate is not valid unless countersigned by the Transfer Agent. WITNESS the facsimile seal of the Corporation and the signature of its duly authorized officers.


 


DATED


 


(Seal as follows: "NEWSEARCH, INC. CORPORATE SEAL, COLORADO")


 



	
/S/ JOEY SMITH


PRESIDENT

	
/S/ RHETT NIELSON


SECRETARY












 


Countersigned and Registered


 


AMERICAN SECURITIES TRANSFER & TRUST


12039 West Alameda Parkway


Suite Z-2


Lakewood, CO 80228


 


By: ---------------------------------------


        AUTHORIZED SIGNATURE


 


The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations:


 



	
TEN COM - as tenants in common


 

	 	
UNIF GIFT   MIN ACT  - CUSTODIAN –


 


	
TEN NET - as tenants by the entireties


 

	 	
                          (Minor)          (Cust) 


 


	
JT TEN - as joint tenants with right of under survivorship and not as tenants in common

	 	
Uniform Gifts to Minors


ACT_________________________


                            (State)












 


Additional abbreviations may also be used though not in the above list.


 


For Value Received, ______________ hereby sell, assign and transfer unto


 


PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE _________________________________


 


 (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)


 


_______________________________________________________________________Shares of the capital stock represented by the within certificate, and do hereby irrevocably constitute and appoint_________________________________Attorney to transfer the said stock on the books of the within named Corporation with full power of substitution in the premises.


 







Dated___________________


 


 


NOTICE: SIGNATURE MUST CORRESPOND TO THE NAME AS WRITTEN UPON THE FACE OF THIS CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERNATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER, AND MUST BE GUARANTEED BY A BANK, BROKER OR ANY OTHER ELIGIBLE GUARANTOR INSTITUTION THAT IS AUTHORIZED TO DO SO UNDER THE SECURITIES TRANSFER AGENTS MEDALLION PROGRAM (STAMP) UNDER RULES PROMULGATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION.
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

September 12, 2008

Mr. Richard Kevin Spencer

Spencer & Waterbury

2501 Oak Lawn Ave., Ste. 295-LB 50

Dallas, TX 75219

Mr. Scott Pelley

Nall Pelley & Wynne

P. O. Box 2228

Sherman, TX 75091-2228

Mr. Jay H. Henderson

Cruse Scott Henderson & Allen L.L.P.

2777 Allen Parkway, 7th Floor

Houston, TX 77019

Mr. Rickey J. Brantley

Jose Henry Brantley MacLean & Alvarado, L.L.P.

675 N. Henderson St.

Fort Worth, TX 76107

Ms. Virginia Nelson Hammerle

The Hammerle Law Firm

2220 San Jacinto Blvd., Suite 200

Denton, Tx 76205-7540

RE:Case Number:  08-0501

Court of Appeals Number:  02-05-00143-CV

Trial Court Number:  GA-2001-00196

Style:IN THE MATTER OF THE GUARDIANSHIP OF KATHRYN HOUSEWORTH GIBBS, AN INCAPACITATED PERSON

Dear Counsel:

Today the Supreme Court of Texas granted Kenneth Vern Gibbs, et al.’s Motion to Abate and issued the enclosed abatement order in the above-referenced case.  

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosure

**Case No. 08-0501Page 2**
##### 



Exhibit 32.0
 UNIVERSAL BIOSENSORS, INC.
 CERTIFICATION PURSUANT TO
EXCHANGE ACT RULE 13(a)-14(b) AND 18 U.S.C. SECTION 1350
  (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.
The undersigned have executed this Certificate as of the 30th day of April 2008.The undersigned have executed this Certificate as of the 30th day of April 2008.
 /s/ Mark MorrissonMark MorrissonChief Executive Officer and Executive Director/s/ Salesh BalakSalesh BalakChief Financial Officer
Kelvin W. SELLARS v. Frank L. PERRY.

No. 415P13-2.

Supreme Court of North Carolina.

July 14, 2015.

Joseph L. Hyde, Assistant Attorney General, for State of North Carolina.

Kelvin W. Sellars, for Sellars, Kelvin W.

*311***ORDER***

Upon consideration of the application filed by Petitioner on the 8th of July 2015 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Chatham County:

> "Denied by order of the Court in conference, this the 13th of July 2015."
[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Notices]
[Page 55956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18842]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34741]


KWT Railway, Inc.--Lease and Operation Exemption--Murray-Calloway 
County Economic Development Corporation

    KWT Railway, Inc. (KWT), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to lease and operate 
approximately one mile of rail line. The line is being leased from 
Murray-Calloway County Economic Development Corporation (EDC) and runs 
between milepost 38.34 and approximately milepost 37.34 near Murray, in 
Calloway County, KY.\1\
---------------------------------------------------------------------------

    \1\ This transaction is related to STB Finance Docket No. 34742, 
Murray-Calloway County Economic Development Corporation--Acquisition 
Exemption--Hardin Southern Railroad, Inc., wherein EDC, a 
noncarrier, has filed a notice of exemption to acquire by purchase 
from Hardin Southern Railroad, Inc. an 8.34-mile rail line between 
milepost 38.34 near Murray and milepost 30, near Hardin, Ky. That 
exemption was effective on August 15, 2005.
---------------------------------------------------------------------------

    KWT certifies that its projected revenues as a result of the 
transaction will not result in the creation of a Class II or Class I 
rail carrier, and further certifies that its projected annual revenues 
will not exceed $5 million.
    The transaction was scheduled to be consummated on or after 
September 1, 2005.
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34741, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Eric M. Hocky, Four Penn 
Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103-
2808.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 14, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-18842 Filed 9-22-05; 8:45 am]
BILLING CODE 4915-01-P
TD Bank N.A., Plaintiff, v. Eagles Crest at Sharp Top, LLC, John W. Holdsworth and John H. Seats, Defendants.

No. COA15-807

Court of Appeals of North Carolina.

Filed: August 16, 2016

DISMISSED in part; AFFIRMED in part.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1249 

KA 12-02088 

PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

SHAWN M. HALLMARK, DEFENDANT-APPELLANT. 

(APPEAL NO. 2.) 

 

R. THOMAS RANKIN, PUBLIC DEFENDER, MAYVILLE (LYLE T. HAJDU OF

COUNSEL), FOR DEFENDANT-APPELLANT.

DAVID W. FOLEY, DISTRICT ATTORNEY, MAYVILLE (PATRICK E. SWANSON OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Chautauqua County Court (John T.

Ward, J.), rendered October 1, 2012. The judgment convicted

defendant, upon his plea of guilty, of attempted criminal sale of a

controlled substance in the fifth degree. 

It is hereby ORDERED that the case is held, the decision is 

reserved and the matter is remitted to Chautauqua County Court for

further proceedings in accordance with the same Memorandum as in

People v Hallmark ([appeal No. 1] ___ AD3d ___ [Nov. 21, 2014]).

Entered: November 21, 2014 Frances E. Cafarell

Clerk of the Court
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 17, 2008 Clifford W. Taylor,

 Chief Justice 

136323 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PETER RIEBSCHLEGER,

Plaintiff-Appellant, 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

v SC: 136323 

 COA: 270226 

Saginaw CC: 03-050207-DM 

SUSAN RIEBSCHLEGER, a.k.a. SUSAN 

O’ROURKE, 

Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the February 21, 2008 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in 

lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of 

Appeals that affirmed the circuit court’s distribution of marital assets. The circuit court 

did not make sufficient findings to allow this Court to determine, on review, whether the 

division of marital property was equitable. See Koy v Koy, 274 Mich App 653, 660 

(2007). We REMAND this case to the Saginaw Circuit Court to make detailed findings 

of fact regarding the identity and value of both the marital assets and the separate assets 

of the parties, including marital debts and separate debts of the parties. The circuit court 

shall then determine the percentage of the marital estate to be awarded to each party. The 

circuit court may, in its discretion, consider redistribution of assets. If the division of 

marital property significantly departs from congruence between the parties, the circuit 

court shall clearly explain its rationale for the unequal division. See McNamara v 

Horner, 249 Mich App 177, 188 (2002). 

We do not retain jurisdiction. 

s0910 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 17, 2008 

 Clerk