alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## I N T H E C O U R T O F C R I M I N A L A P P E A L S

O F T E X A S

NO. WR-90, 156-01

EX P ART E GIL B ER T VASQUEZ

, Appl icant

ON AP P LI CAT I ON F OR A WRIT OF HAB EA S CORP US

CAUSE NO. 20070D02841-120- 1 I N THE 120 DI STRI CT COURT T H

F ROM EL P ASO COUNT Y

P er cur iam

.

O P I N I O N

A ppl i can t was co n v i ct ed o f m

urder an d s en

t en ced t o l i f

e i m pri s o n m en t

. T h e E i gh

t h Co urt

o f A ppeal s af f i rm ed h i s co n

v i ct i o n

. V

as quez v. State

, No

. 08-07- 00247-CR (T ex

. A pp.

— E l Pas o

M ar. 20, 2010) (n o t des i gn at ed f o r pub l i cat i o n ). A

ppl i can t f i l ed t h i s appl i cat i o n f

o r a wri t o f h ab eas

co rpus i n t h e co un

t y o f co n v i ct i o n

, an d t h e di s t ri ct cl erk f o rwarded i

t t o t h i s Co urt

. See T E X

. C O D E

C R I M

. P R O C

. art

. 11. 07.

A ppl i can t co n t en ds

, am o n g o t h er t h i

n gs

, t h at t ri al co un s el was i n ef f ect i v e at t h e pun i s h

m en t

ph as e o f t ri al b eca

us e h e di d n o t i

n v es t i gat e an d prese n

t m i t i gat i o n ev i den ce. He al s o rai s es cl ai m s

o f i n ef f ect i v e as s i s t an ce rel at i

n g t o co un s el ’ s perf

o rm an ce duri

n g t h e gui l t ph as e. Ba s ed o n t h e reco rd,

t h e t ri al co urt h as det erm

i n ed t h at t ri al co un s el ’ s perf o rm an ce at t h e pun i s h

m en t ph as e was def

i ci en t2

an d t h at A

ppl i can t was prej udi ced. Th e t ri al co urt h as f o un d t h at co un s el was n o t i n ef f ect i v e duri n g

t h e gui l t ph as e o f t ri al

. W e agree wi t h t h e t ri al co urt ’ s f

i n di n gs an d b as e o ur deci s i o n adj udi cat i n g t h e

cl ai m s rai s ed i

n A ppl i can t ’ s h ab eas co rpus appl i cat i o n o n t h e t ri al co urt ’ s f i n di n gs an d t h i s Co urt ’ s

i n depen den

t rev i ew o f t h e en

t i re reco rd.

Re l i ef i s den i ed o n A

ppl i can t ’ s c l a i m s r e l a t i

n g t o t h e v al i di

t y o f h i s co n

v i ct i o n

. Re l i ef i s

gran t ed o n A ppl i c a nt ’s c l ai

m o f i n ef f ect i v e as s i s t an ce o f co un s el at pun i s h m en t

. Stric kland v.

W as hington

, 466 U.S

. 668 (1984)

. T h e s en t en ce i n caus e n um b er 20070D02841 i

n t h e 120 Di s t ri ct

th

Co urt o f E l Pas o Co un

t y i s s et as i de, an d A

ppl i can t i s rem an ded t o t h e cust o dy o f t h e S h eri f f o f E l

Pas o Co un

t y f o r a n ew pun i s h

m en t h eari n g. T h e t ri al co urt s h al l i s s ue an y n ece s s ary b en ch warran t

wi t h i n t en day s f

ro m t h e dat e o f t h i s Co urt ’ s m an dat e.

Co pi es o f t h i s o pi

n i o n s h al l b e s en

t t o t h e T ex as Depa

rt m en t o f Cri m i n al J us t i ce–C o rr ect i o n al

In s t i t ut i o n s Di v i s i o n an d t h e Bo ard o f Pardo n s an d Paro l es

.

Del i v ered: J an

uary 27, 2021

Do n o t pub l i s h
#### HARDING L. CLARK v. WALLACE E. RUCKER and wife, JEAN W. RUCKER.

(Filed 21 October, 1959.)

1. Automobile § 25—

The limitation of speed in the vicinity of a school house during school hours, effected by the posting of appropriate signs by the Highway Commission, does not affect the speed restrictions outside the time limited.

Higgins, J., not sitting.

Appeal by defendants from *Campbell, J.,*May Term, 1959, of Caldwell.

Plaintiff sought and was awarded compensation for damages done to his automobile in a collision with an automobile owned by defendant Wallace Rucker, driven by his wife, Jean Rucker.

The collision occurred 9 December 1958 on Highway 321 near Lenoir. Plaintiff's vehicle was, according to plaintiff’s testimony, traveling southwardly at a speed of 35 to 40 m.p.h.; defendants’ evidence tended to fix the speed in excess of 60 m.p.h.

Defendant’s vehicle pulled from a parking area on plaintiff’s right, immediately in front of plaintiff. The collision occurred not far from a schoolhouse and in an area in which the speed limit during school hours had been fixed (G.S. 20-141.1) at 35 m.p.h. by posted signs. The signs limited the speed restriction to school hours. The collision occurred after school hours.

The court charged the jury that the maximum speed limit was 55 m.p.h., and a speed in excess thereof would constitute negligence. He further charged: “. . . even if she were driving it at a speed less than fifty-five miles an hour, she nevertheless had to still drive it at a speed which was not greater than was reasonable and prudent under the conditions as they then existed.” Defendant excepted' to the charge, insisting that speed in excess of 35 m.p.h. was unlawful and negligent.

*Fate J. Beal for plaintiff, appellee.*

*Townsend and Todd for defendant, appellants.*

Per Curiam.

The Highway Commission may determine safe speeds on highways in proximity to schools. When conditions do not exist requiring a limitation of speed, the Commission is not required to impose restrictions. Here the posted signs fixed the time when the speed restriction was in force. The collision did not occur during that *91period. It follows that a speed not in excess of 55 m.p.h. was not *per se*unlawful.

No error.

Higgins, J., not sitting.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of bebe stores, inc. (the Company) on Form 10-Q for the quarter ended October 2, 2010, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Manny Mashouf, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,
based on my knowledge:

(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.



|                         |  |  |  |  |  |                        
|------------------------ |  |  |  |  |  | -----------------------
|Dated: November 10, 2010 |  |  |  |  |  | /s/ Manny Mashouf      
|                         |  |  |  |  |  | Manny Mashouf          
|                         |  |  |  |  |  | Chief Executive Officer
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-1569

AMET International Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXHIBIT 32.2



Certification Under Section 906 of the SarbanesOxley Act of 2002 / 18 U.S.C. Section 1350 / SEC Rule
13a-14(b)



Robert Packer hereby certifies that:



1. He is the co-interim chief executive officer of Path 1
Network Technologies Inc.



2. The Form 10-Q
report of Path 1 Network Technologies Inc. that this certification accompanies fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934.



3. The information contained in the Form 10-Q report of Path 1 Network Technologies Inc. that this
certification accompanies fairly presents, in all material respects, the financial condition and results of operations of Path 1 Network Technologies Inc.



Dated: November 14, 2005



|                                                    
|----------------------------------------------------
|                                                    
|/s/ Robert Packer                                   
|Robert Packer Co-Interim Principal Executive Officer
[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Notices]
[Page 10629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4638]



[[Page 10629]]

DEPARTMENT OF THE TREASURY

[T.D. 95-17]


Customs Approval of P.G.S. Enterprises, Inc., as a Commercial 
Gauger

AGENCY: Customs Service, Treasury.

ACTION: Notice of approval of P.G.S. Enterprises, Inc., as a commercial 
gauger.

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

SUMMARY: P.G.S. Enterprises, Inc., of Houston, Texas has applied to 
U.S. Customs for approval to gauge imported petroleum, petroleum 
products, organic chemicals and vegetable and animal oils under part 
151.13 of the Customs Regulations (19 CFR 151.13) at their Houston, 
Texas and Arroyo, Puerto Rico facilities. Customs has determined that 
both offices meet all of the requirements for approval as a commercial 
gauger. Therefore, in accordance with part 151.13(f) of the Customs 
Regulations, P.G.S. Enterprises, Inc., Houston, Texas and Arroyo, 
Puerto Rico facilities are approved to gauge the products named above 
in all Customs districts.

LOCATION: P.G.S. Enterprises' approved sites are located at: 1122 Mabry 
Mill Road, Houston, Texas 77062; and Condominio Mar del Sur 16-D, 
Arroyo, Puerto Rico.

EFFECTIVE DATE: February 10, 1995.

FOR FURTHER INFORMATION CONTACT: Ira S. Reese, Chief, Technical Branch, 
Office of Laboratories and Scientific Services, U.S. Customs Service, 
1301 Constitution Avenue NW, Washington, D.C. 20229 at (202) 927-1060.

    Dated: February 13, 1995.
A.W. Tennant,
Director, Office of Laboratories and Scientific Services.
[FR Doc. 95-4638 Filed 2-24-95; 8:45 am]
BILLING CODE 4820-02-P
### Proposed Provision: B3.10. Beginning with those newly eligible for OASDI benefits in 2030, gradually increase the first PIA bend point in each year so that it is 15 percent higher for those newly eligible in 2044 and later.

back
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Department of the Army

# AGENCY:

Department of the Army, DoD.

# ACTION:

Notice.

# SUMMARY:

The Department of the Army announces that, unless there is an objection, after 15 days it contemplates granting an exclusive license to Faraday Technology Inc., 315 Huls Dr., Clayton, Ohio 45315, for co-developed invention(s) covering an apparatus and method for recovery of material generated during electrochemical material removal in acidic electrolytes, under SBIR Contract No W15QKN-12-C-0116, and referencing U.S. patent applications 62/114,278 filed February 10, 2015, 62/120,621 filed February 25, 2015, and 14/845,759 filed September 4, 2015. Any license granted shall comply with 35 U.S.C. 209 and 37 CFR part 404.

      ( print page 7768)    

# DATES:

Objections must be received within 15 days of this notice.

# ADDRESSES:

 Send written objections to Timothy Ryan, U.S. Army ARDEC, ATTN: RDAR-EIB (Bldg 93), Picatinny Arsenal, NJ 07806-5000.

# FOR FURTHER INFORMATION CONTACT:

                        Mr. Timothy Ryan, email:                         *timothy.s.ryan.civ@mail.mil;*                         (973) 724-7953.                    

# SUPPLEMENTARY INFORMATION:

 None.

Brenda S. Bowen,

Army Federal Register Liaison Officer.

[FR Doc. 2016-03043 Filed 2-12-16; 8:45 am]

BILLING CODE 5001-03-P
### THE THIRTEENTH COURT OF APPEALS

13

- 21

- 00296

- CR

Martin Perez Leal v. The State of Texas
On Appeal from the 24th District Court of De Witt County , Texas Trial Court Cause No. 21

- 07

- 13,626

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered t h is cause on appeal, concludes that the judgment of the trial court should be affirmed

. The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. June 9, 2022
EX-10.1




 Exhibit 10.1 

AMENDMENT TO FREEZE THE BENEFIT 

UNDER THE 
 SUPPLEMENTAL
EXECUTIVE RETIREMENT PLAN 
 This Freeze Amendment (the “Amendment”) is made to the Supplemental Executive Retirement
Plan (the “Plan”), effective as of July 1, 2021, by and between Kearny Bank (the “Bank”) and Craig L. Montanaro (the “Executive”), as of December 21, 2022. 

WHEREAS, the Bank and the Executive desire to amend the Plan to freeze the benefits under the Plan so that the Amount of the Benefit
will not increase or decrease; and 
 WHEREAS, Section 9.1 of the Plan permits the Plan to be amended by a written agreement
signed by the Bank and Executive. 
 NOW, THEREFORE, notwithstanding anything in the Plan to the contrary, the Plan is hereby amended
as follows: 
 1.    New Article XI of the Plan. Article XI is hereby added to the Plan to read in
its entirety as follows: 
 “ARTICLE XI 

FROZEN BENEFIT 

Notwithstanding anything in the Plan to the contrary, the Amount of Benefit or Accrual Balance, as applicable, shall be frozen as of
December 31, 2022, so that the Amount of Benefit or Accrual Balance, as applicable, for purposes of Sections 2.1, 2.2, 2.3, 3.1, 3.2, and 3.3 shall not increase or decrease (the “Frozen Benefit”). For purposes of clarity, the
Frozen Benefit shall not take into account any changes to the Executive’s annual base salary or the Accrual Balance after the date of this Amendment.” 

2.    Capitalized Terms. Capitalized terms herein shall have the meanings ascribed to them in the
Plan, as applicable, except as otherwise expressly provided in this Amendment. 
 3.    Effect of
Amendment. Except and to the extent modified by this Amendment, the provisions of the Plan shall remain in full force and effect and are hereby incorporated into and made a part of this Amendment. 











 IN WITNESS WHEREOF, this Amendment has been adopted by the Bank and the Executive as
of the day and year first written above. 
  

			
	EXECUTIVE
		
	By:	 	 /s/ Craig L. Montanaro

	
	KEARNY BANK
		
	By:	 	 /s/ John J. Mazur, Jr.

	Name:	 	John J. Mazur, Jr.
	Title:	 	Chairman of the Board



  
 2
INDEPENDENT AUDITORS'S CONSENT

        We consent to the incorporation by reference in Registration  Statements
Nos.  33-72130,  33-58362  and  33-33846 of Genta  Incorporated  on Form S-3 and
Registration  Statement No.  33-85887 of Genta  Incorporated  on Form S-8 of our
report dated April 15, 1999,  with respect to the financial  statements of Genta
Jago  Technologies  B.V.,  appearing in this Annual Report on Form 10-K of Genta
Incorporated  for the year ended  December 31, 1998 (which  report  expressed an
unqualified  opinion and includes an explanatory  paragraph which ibdicates that
there are matters that raise  substantial  doubt about the Company's  ability to
continue as a going concern).



DELOITTE & TOUCHE EXPERTA LTD.
Basel, Switzerland
April 15, 1999
##### 



Exhibit 31.2
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO
EXCHANGE ACT RULE 13a-14(a)/15d-14(a)
AS ADOPTED PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Activant Solutions Inc.;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 officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the registrant and have:
    5.
    
    The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors:
   Date: August 12, 2005
 /s/ GREG PETERSENGreg PetersenSenior Vice President and Chief Financial Officer
Exhibit 99.2

                                  CERTIFICATION
                                  -------------

I, John J. Brumfield, Chief Financial Officer and Vice President, Finance of NBG
Radio Network, Inc., certify that, to the best of my knowledge,  the Form 10-QSB
for  the  fiscal  quarter  ending  August  31,  2002  fully  complies  with  the
requirements  of section 13(a) or 15(d) of the  Securities  Exchange Act of 1934
and that information  contained in the periodic report fairly  presents,  in all
material respects,  the financial condition and results of operations of the NBG
Radio Network, Inc.

This  Certification  is not being  "filed"  as part of the Form  10-QSB  for the
fiscal quarter ending August 31, 2002.


                                 /s/ JOHN J. BRUMFIELD
                                 --------------------------------------------
                                 John J. Brumfield, Chief Financial Officer and
                                 Vice President, Finance
[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Notices]
[Page 12251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5390]



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

INTERSTATE COMMERCE COMMISSION
[Finance Docket Nos. 32476, 32623 and 32624]


Northern Nevada Railroad Corporation--Construction and Operation 
Exemption--White Pine County, NV; Northern Nevada Railroad 
Corporation--Modified Rail Certificate--Between McGill Junction and 
Keystone, NV, and Northern Nevada Railroad Corporation--Modified Rail 
Certificate--Between Cobre and McGill Junction, NV

    The Northern Nevada Railroad Corporation (Northern Nevada) has 
petitioned the Interstate Commerce Commission (Commission) for 
authority to construct and operate a 3.13 mile rail line in White Pine 
County, NV. The Commission's Section of Environmental Analysis (SEA) 
has prepared its Environmental Assessment (EA) which analyzes the 
environmental impacts associated with this construction project and 
related operations over rail lines between McGill Junction and 
Keystone, Nevada and Cobre and McGill Junction, Nevada. Based on the 
information provided and the environmental analysis conducted to date, 
this EA concludes that this proposal should not significantly affect 
the quality of the human environment if the recommended mitigation 
measures set forth in the EA are implemented. Accordingly, SEA 
preliminarily recommends that the Commission impose on any decision 
approving the proposed construction and operation conditions that would 
implement the mitigation measures contained in the EA.
    The EA will be served on all parties of record as well as all 
appropriate Federal, state and local officials and will be made 
available to the public upon request. SEA will consider all comments 
received in response to the EA in making final environmental 
recommendations to the Commission. The Commission will then consider 
SEA's final recommendations and the environmental record in making its 
final decision in this proceeding.
    Comments (an original and 10 copies) and any questions regarding 
this EA should be filed with the Commission's Section of Environmental 
Analysis, Office of Economic and Environmental Analysis, Room 3219, 
Interstate Commerce Commission, Washington, DC 20423, to the attention 
of Mr. Harold McNulty (202) 927-6217. Requests for copies of the EA 
should also be directed to Mr. McNulty.
    Date made available to the public: March 3, 1995.
    Comment due date: April 3, 1995.

    By the Commission, Elaine K. Kaiser, Chief, Section of 
Environmental Analysis, Office of Economic and Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5390 Filed 3-3-95; 8:45 am]
BILLING CODE 7035-01-P