alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Yigal Bosch v. Frost National Bank

Appellate case number: 01

- 14

- 00191

- CV

Trial court case number: 2009

- 63337

Trial court: 133rd District Court of Harris County

On March 26, 2014, appellant, Yigel Bosch, filed a Motion to Use Clerk’s Record in

Case 1

- 13

- 00190

- CV. The motion is DENIED , without prejudice to refiling with an appropriate

certificate of conference included.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

X Act ing individually  Acting for the Court

Date: April 1, 2014
#### Matter of Application of Staten Island Railroad Company to acquire Land of Abigail R. Wil*643kinson.

Order vacating appointment of commissioners affirmed, with costs and disbursements Opinion by

Barnard, P. J.;

Pratt, J. not sitting.
#### STATE v. JOHN C. MILLER.

(Filed 10 October, 1945.)

1. Assault and Battery §§ 7d, 11—

In a prosecution for assault with a deadly weapon, where the fact that defendant shot the State’s witness with a pistol is not controverted, the only plea being self-defense, there is sufficient evidence for the jury.

2. Assault and Battery §§ 7d, 13—

When there was evidence of an assault with a deadly weapon and none of simple assault, the court properly charged the jury that they could return one of two verdicts, either guilty of assault with a deadly weapon or not guilty.

Appeal by defendant from *Armstrong, J.,*at March Term, 1945, of Wilkes. No error.

Tbe defendant was charged with an assault with deadly weapon, to wit, a pistol, upon tbe person of tbe State’s witness. There was a verdict of guilty, and from judgment thereon tbe defendant appealed.

*Attorney-General McMullan and Assistant Attorneys-General Rhodes, Moody and Tucker for the State.*

*Trivette & Holshouser for defendant.*

Devin, J.

Tbat tbe defendant intentionally shot tbe deceased with a pistol, wounding him in tbe thigh, was not controverted. Tbe defendant pleaded self-defense and offered evidence tending to support bis plea. However, tbe jury has accepted tbe State’s view of tbe transaction and *479has convicted the defendant of unlawfully assaulting the State’s witness with a deadly weapon.

The defendant assigns error in the ruling of the court as to the introduction of certain testimony, and in the charge to the jury. *We*have examined each of the exceptions noted and find them without substantial merit. Since there was no evidence of simple assault, the court properly charged the jury they could return one of two verdicts, either guilty of assault with deadly weapon or not guilty. *S. v. Smith,*201 N. C., 494, 160 S. E., 577; *S. v. Gregory,*223 N. C., 415, 27 S. E. (2d), 140.

The evidence was sufficient to carry the case to the jury, and we perceive no ruling on the part of the trial judge which would warrant a new trial. The verdict and judgment will be upheld.

No error.
NUMBER 13-12-00764-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

CARLOS SOSA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 148th District Court

of Nueces County, Texas.

ORDER OF ABATEMENT

Before Justices Benavides, Perkes, and Longoria

Order Per Curiam

This cause is before the Court on appellant’s unopposed motion to supplement the 

record with transcripts of Exhibits 31, 33 and 35. The reporter’s record in this cause was

filed on September 26, 2013. Appellant has advised this Court that the record does not 

contain Exhibits 31, 33 and 35. These exhibits are recorded interviews between 
2

appellant and detectives which were admitted and played in front of the jury at trial.

When a relevant item has been omitted from the reporter’s record, the appellate 

court may by letter direct the trial court clerk to prepare, certify, and file in the appellate 

court a supplemental reporter’s record containing the omitted items. See TEX. R. APP. P.

34.6(d). Accordingly, appellant’s motion to supplement the reporter’s record is 

GRANTED and the appeal is ABATED. 

The trial court clerk of the 148th District Court of Nueces County is directed to 

prepare a supplemental reporter record in this cause to include Exhibits 31, 33 and 35 in 

trial court cause number 11-CR-3466-E. The supplemental record shall be filed with this 

Court within 30 days from the date of this order. 

This appeal will be reinstated upon receipt of the supplemental reporter’s record 

and upon further order of this Court.

IT IS SO ORDERED. 

PER CURIAM

Do not Publish.

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

Delivered and filed the

12th day of December, 2013.
#### Bernard I. Katz, Appellant, *v.*S. W. S. Building Corporation, Respondent.

Supreme Court, Appellate Term, First Department,

January 15, 1937.

*778*Bernhard & Singman [Albert P. Singman*of counsel], for the appellant.

*Jenkins, Dimmick & Finnegan [William B. Shelton*of counsel], for the respondent.

Per Curiam.

The papers show that the stenographer was permitted to go to the jury room, after the jury had retired, and to read to the jury a portion of the charge, without the knowledge or consent of counsel. This is too serious an infraction of fundamental safeguards to be condoned.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur. Present — Lydon, Levy and Hammer, JJ.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE ACCOMPANYING
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               JUN-30-1999
<CASH>                                          18,696
<SECURITIES>                                    31,755
<RECEIVABLES>                                  106,404
<ALLOWANCES>                                     7,862
<INVENTORY>                                          0
<CURRENT-ASSETS>                               155,060
<PP&E>                                         210,890
<DEPRECIATION>                                  25,122
<TOTAL-ASSETS>                                 384,765
<CURRENT-LIABILITIES>                          186,736
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<TOTAL-LIABILITY-AND-EQUITY>                   384,765
<SALES>                                        279,695
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<CGS>                                          257,253
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<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                              25,690
<INCOME-PRETAX>                                (58,561)
<INCOME-TAX>                                     6,682
<INCOME-CONTINUING>                            (51,879)
<DISCONTINUED>                                       0
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</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-2262

GRETA FAISON, Plaintiff - Appellant, versus JOURNAL NEWSPAPERS, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-97-155-A) Submitted: April 30, 1998 Decided: July 16, 1998 Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges. Affirmed by unpublished per curiam opinion. Greta Faison, Appellant Pro Se. John Michael Bredehoft, VENABLE, BAETJER & HOWARD, McLean, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court’s order granting summary judgment to Defendant in this employment discrimination action. We have reviewed the record and the district court’s order and find no reversible error. Appellant’s claim of retaliatory discharge was properly dismissed because Appellant failed to establish a prima facie case. See Ross v. Communications Satellite Corp. , 759 F.2d 355, 365 (4th Cir. 1985). In addition, Appellant’s claim that she was terminated because of her race was properly dismissed becauseshe failed demonstrate that Defendant’s legitimate, nondiscriminatory reason for her dismissal was a mere pretext for discrimination. See Texas Dep’t of Community Affairs v. Burdine,450 U.S. 248, 253 (1981). Accordingly, we affirm. Faison v. Journal Newspapers, Inc. , No. CA-97-155-A (E.D. Va. Aug. 18, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
ex4-11.htm



Exhibit 4.11

 

CERTIFICATE OF TRUST OF

METRO CAPITAL TRUST IV

 





 

This Certificate of Trust of Metro Capital Trust IV (the “Trust’) is being duly executed and filed by the undersigned, as trustee, to form a statutory trust under the Delaware Statutory Trust Act (12 Delaware Code § 3801 et seq.) (the “Act”).

 

1.           Name.  The name of the statutory trust formed by this Certificate of Trust is: “Metro Capital Trust IV.”

 

2.           Delaware Trustee.  The name and business address of the trustee of the Trust with its principal place of business in the State of Delaware are Wilmington Trust Company, Rodney Square North, 1100 North
Market Street, Wilmington, Delaware 19890-0001, Attention: Corporate Trust Administration.

 

3.           Effective Date.  This Certificate of Trust shall be effective upon filing with the Secretary of State of the State of Delaware

 

IN WITNESS WHEREOF, the undersigned has executed this Certificate of Trust in accordance with Section 3811(a)(1) of the Act.

 


	  	
WILMINGTON TRUST COMPANY,

	  	
not in its individual capacity but solely as trustee

	  	  
	  	
By: /s/ Michael H. Wass

	  	
Name: Michael H. Wass

	  	
Title:   Financial Services Officer
[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Page 63541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30024]



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


DEPARTMENT OF THE INTERIOR

Notice of Receipt of Applications for Permit

    The following applicants have applied for a permit to conduct 
certain activities with endangered species. This notice is provided 
pursuant to Section 10(c) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531, et seq.):
    Applicant: Richard Olsen, Santa Cruz, CA, PRT-809107.
    The applicant requests a permit for the import of one male and 
three female Chinese Monals (Lophophorus lhuysis) bred in captivity at 
the Forestry Department of Sichuan Province aviary, Baoxing, China, for 
the purpose of enhancement of the survival of the species through 
propagation.
    Written data or comments should be submitted to the Director, U.S. 
Fish and Wildlife Service, Office of Management Authority, 4401 North 
Fairfax Drive, Room 420(c), Arlington, Virginia 22203 and must be 
received by the Director within 30 days of the date of this 
publication.
    Documents and other information submitted with these applications 
are available for review, subject to the requirements of the Privacy 
Act and Freedom of Information Act, by any party who submits a written 
request for a copy of such documents to the following office within 30 
days of the date of publication of this notice: U.S. Fish and Wildlife 
Service, Office of Management Authority, 4401 North Fairfax Drive, Room 
420(c), Arlington, Virginia 22203. Phone: (703/358-2104); Fax: (703/
358-2281).

    Dated: December 1, 1995.
Caroline Anderson,
Acting Chief, Branch of Permits Office of Management Authority.
[FR Doc. 95-30024 Filed 12-08-95; 8:45 am]
BILLING CODE 4310-55-M
Amendment to Schedules to Master ISDA Agreement



 Exhibit 10.2 
 May 1, 2009 
 James Young 
 Chief Financial
Officer 
 GMAC Mortgage, LLC 
 One Meridian Crossings 

Suite 100 
 Minneapolis, MN 55423 
  

	Re:	Amendment of ISDA Schedules 

 Dear Jim: 
 This letter will confirm the details of the agreement between GMAC Bank (the “Bank”) and GMAC Mortgage, LLC (“GMACM”) to amend the Schedules (Net
Funding and FMV) dated as of August 31, 2007 (collectively, the “Schedules”) to the ISDA Master Agreement between the Bank and GMACM (the “Agreement”). 
 The Bank and GMACM hereby agree that, as of the date of this letter, the Schedules shall be amended as follows: 
 Part 6,
Sub-section (a)(vi) of the FMV Schedule shall read in its entirety as follows: 
 “Termination Date,” unless earlier
terminated in accordance with the provisions of this Agreement or by agreement of the parties, means a date established upon 90 days prior notice given by Party B. 
 Part 6, Sub-section (a)(vii) of the Net Funding Schedule shall read in its entirety as follows: 
 “Termination
Date,” unless earlier terminated in accordance with the provisions of this Agreement or by agreement of the parties, means a date established upon 90 days prior notice given by Party B. 
 Except as otherwise set specifically set forth above, the Agreement and the Schedules shall remain in full force and effect without modification or amendment.








 If the foregoing is consistent with your understanding of the agreement between GMACM and the Bank, please return an
executed copy of this letter to my attention. 
  

	
	Very truly yours,
	
	GMAC BANK
	
	 /s/ Robert E. Groody

	 Robert E. Groody
 Executive Vice President and Chief
Operating Officer

	
	ACCEPTED AND AGREED TO:
	
	GMAC MORTGAGE, LLC
	
	/s/ James Young
	 James Young
 Chief Financial
Officer
EXHIBIT 31.1

                  CERTIFICATION PURSUANT TO RULE 13a
                      14(a)/15D-14(a) and SECTION
                     302 OF THE SARBANES-OXLEY ACT

I, Joey DiFrancesco, President and Chief Executive Officer
(Principal Executive Officer) of Raven Moon Entertainment, Inc.
(the "Registrant"), certify that:

1.  I have reviewed this quarterly report on Form 10-Q of the
      Registrant;

2.  Based on my knowledge, this quarterly report does not contain any
untrue statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances
under which such statements were made, not misleading with respect to
the period covered by this quarterly report;

3.  Based on my knowledge, the financial statements, and other
financial information included in this quarterly report, fairly
present in all material respects the financial condition, results
of operations and cash flows of the registrant as of, and for, the
periods presented in this quarterly report;

4.  The registrant's other certifying officers and I are responsible
for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant
and we have:
	a) designed such disclosure controls and procedures to ensure
that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this quarterly report
is being prepared;
	b) evaluated the effectiveness of the registrant's disclosure
controls and procedures as of a date within 90 days prior to the filing
date of this quarterly report (the "Evaluation Date"); and
	c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date.

5.  The registrant's other certifying officers and I have disclosed,
based on our most recent evaluation, to the registrant's auditors and
the audit committee of registrant's board of directors (or persons
performing the equivalent function):
	a) all significant deficiencies in the design or operation of
internal controls which could adversely affect the registrant's ability
to record, process, summarize and report financial data and have
identified for the registrant's auditors any material weaknesses in
internal controls; and
	b) any fraud, whether or not material, that involves management
or other employees who have a significant role in the registrant's
internal controls.

Dated: August 27, 2008		/s/ Joseph DiFrancesco
				-----------------------
				Joey DiFrancesco
				Chief Executive Officer
II 

113TH CONGRESS 

2D SESSION H. R. 5682 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2014 

Received 

AN ACT 

To approve the Keystone XL Pipeline. 

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


emcdonald on DSK67QTVN1PROD with BILLS
2 

HR 5682 RDS 

1 SECTION 1. KEYSTONE XL APPROVAL. 

2 (a) IN GENERAL.—TransCanada Keystone Pipeline, 

3 L.P. may construct, connect, operate, and maintain the 

4 pipeline and cross-border facilities described in the appli5 cation filed on May 4, 2012, by TransCanada Corporation 

6 to the Department of State (including any subsequent re7 vision to the pipeline route within the State of Nebraska 

8 required or authorized by the State of Nebraska). 

9 (b) ENVIRONMENTAL IMPACT STATEMENT.—The 

10 Final Supplemental Environmental Impact Statement 

11 issued by the Secretary of State in January 2014, regard12 ing the pipeline referred to in subsection (a), and the envi13 ronmental analysis, consultation, and review described in 

14 that document (including appendices) shall be considered 

15 to fully satisfy— 

16 (1) all requirements of the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

18 and 

19 (2) any other provision of law that requires 

20 Federal agency consultation or review (including the 

21 consultation or review required under section 7(a) of 

22 the Endangered Species Act of 1973 (16 U.S.C. 

23 1536(a))) with respect to the pipeline and facilities 

24 referred to in subsection (a). 

25 (c) PERMITS.—Any Federal permit or authorization 

26 issued before the date of enactment of this Act for the 


emcdonald on DSK67QTVN1PROD with BILLS
3 

HR 5682 RDS 

1 pipeline and cross-border facilities referred to in sub2 section (a) shall remain in effect. 

3 (d) FEDERAL JUDICIAL REVIEW.—Any legal chal4 lenge to a Federal agency action regarding the pipeline 

5 and cross-border facilities described in subsection (a), and 

6 the related facilities in the United States, that are ap7 proved by this Act, and any permit, right-of-way, or other 

8 action taken to construct or complete the project pursuant 

9 to Federal law, shall only be subject to judicial review on 

10 direct appeal to the United States Court of Appeals for 

11 the District of Columbia Circuit. 

12 (e) PRIVATE PROPERTY SAVINGS CLAUSE.—Nothing 

13 in this Act alters any Federal, State, or local process or 

14 condition in effect on the date of enactment of this Act 

15 that is necessary to secure access from an owner of private 

16 property to construct the pipeline and cross-border facili17 ties described in subsection (a). 

Passed the House of Representatives November 14, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK67QTVN1PROD with BILLS
[E&Y Logo] **Ernst & Young LLP**Phone: (404) 874-8300 Suite 1000 www.ey.com  55 Ivan Allen Jr. Boulevard Atlanta, Georgia 30308 **Report of Independent Registered Public Accounting Firm**To the Board of Directors: We have examined management's assertion, included in the accompanying Report on Assessment of Compliance with Securities and Exchange Commission's Regulation AB Servicing Criteria, that ZC Sterling insurance Agency, Inc. ('the Company' or `ZCSIA') complied with certain servicing criteria set forth in Item 1122 (d) of the Securities and Exchange Commission's Regulation AB for the ZC Sterling Automated Tracking Solution (Tracking System) Hazard Insurance Outsourcing Platform (the Platform) as of and for the year ended December 31, 2007. The Company has determined that only certain servicing criteria Item 1122(d)(1)(iv), Item 1122(d)(4)(xi), Item 1122(d)(4)(xii), and Item 1122(d)(4)(xiii) are applicable to the  activities  performed by them with respect to the Platform covered by this report. The Company has determined that the remaining servicing criteria set forth in item 1122 (d) of the Securities and Exchange Commission's Regulation AB are not applicable to  the activities  performed by them with respect to the Platform covered by this report. See Appendix A of management's assertion for the Platform and Servicers  covered by this report. Management is responsible for the Company's compliance with those servicing criteria. Our responsibility is to express an opinion on  management's assertion about the Company's compliance with the servicing criteria based on our examination, Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants, as adopted by the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company's compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of less than all of the servicing activities related to the Platform, and determining whether the Company performed  those selected  activities  in compliance with the servicing criteria. Furthermore, our procedures were limited to the servicing activities performed by the Company during the period covered by this report, Our procedures were not designed to determine whether errors may  have occurred either prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the Platform. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company's compliance with the servicing criteria. In our opinion, management's assertion that the Company complied with the aforementioned servicing criteria as of and for the year ended December 31, 2007 for the Platform is fairly stated, in all material respects. /s/ Ernst & Young LLPFebruary 14, 2008
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , 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.

October 15, 2015

t1008 

# Order

Clerk October 15, 2015

151357

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 151357

COA: 318025

Wayne CC: 13

- 000935

- FC

BRYANT LAMONT ROYSTER,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 10, 2015

judgment of the Court of Appeals is considered, and it is DENIED, bec ause we are not

persuaded that the questions presented should be reviewed by this Court.