alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS and Opinion Filed December 19, 2018 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-18-01030-CV THREE THOUSAND FOUR HUNDRED D OLLARS ($3,400.00) IN LAWFUL UNITE D STATES CURRENCY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-01733-2018



### MEMORANDUM OPINION Before Chief Justice Wright, J ustice Evans, and Justice Brown Opinion by Chief Justice Wright The filing fee, docketing statem ent, clerk’s record, and report er’s record in this case are past due. By postcard dated September 10, 2018, we notified ap pellant the $205 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated September 10, 2018, we informed appellant the d ocketing statement in this cas e was due. We cautioned appellant that failure to file the docketing statement within ten days mi ght result in the dismissal of this appeal without f urther notice. The record was due October 12, 20 18. In a letter dated October 15, 2018, we informed appellant the clerk’s record had not been filed because appella nt had not paid for the clerk’s record. We directed appellant to provide verification of payment or arr angements to pay for the clerk’s–2– record or to provide written documentation appellant had been f ound entitled to proceed without payment of costs within ten days. We cautioned appellant that failure to do so woul d result in the dismissal of this appeal without further notice. Likewise, in a letter dated October 19, 2018, we notified appellant that the reporter’s record had not been file d; we directed appellant to file written proof he had paid or made arrangements to pay for the record or was entitled to proceed without payment of costs within ten days. To date, appellant has not p aid the filing fee, provided the required documentation, or other wise corresponded with the Cour t regarding the status of this appeal. Accordingly, we dism iss this appeal. See T EX
. R. A PP
. P. 37.3(b); 42.3(b), (c).

181030F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

THREE THOUSAND FOUR HUNDRED DOLLARS ($3,400.00) IN LAWFUL UNITED STATES CURRENCY, Appellant
No. 05-18-01030-CV V. THE STATE OF TEXAS, Appellee On Appeal from the 199th Judicial District Court, Collin County, Texas Trial Court Cause No. 199-01733-2018. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating.

In accordance with this Court’s opinion of this date, the appe al is DISMISSED

. It is ORDERED that appellee THE STATE OF TE XAS recover its costs, if any, of this appeal from appellant THREE TH OUSAND FOUR HUNDRED DOLLARS ($3,4 00.00) IN LAWFUL UNITED STATES CURRENCY.
Judgment entered December 19, 2018
[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Sunshine Act Meetings]
[Page 10424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4676]





                Sunshine Act Meetings



Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / 
Sunshine Act Meetings
[[Page 10424]] 




AFRICAN DEVELOPMENT FOUNDATION

Board of Directors Meeting

TIME: 12:00 noon-1:00 p.m.

PLACE: ADF Headquarters.

DATES: Tuesday, 28 February 1995.

STATUS: Open.

AGENDA

12:00--The Mitchell Group
12:15--Action Memoranda: Burundi, Sierra Leone, ADB
12:30--Executive Session

    If you have any questions or comments, please direct them to Ms. 
Janis McCollim, Executive Assistant to the President, who can be 
reached at (202) 673-3916.
Gregory Robeson Smith,

President.

[FR Doc. 95-4676 Filed 2-22-95; 9:50 am]

BILLING CODE 6116-01-P
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 19, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-1622

Evenflo Feeding, Inc: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions_03.20.1

9.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Stephen P. Vaughn

General Counsel
[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Notices]
[Pages 10588-10589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4765]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Office of Research Integrity 
(ORI) has made final findings of scientific misconduct in the following 
case:
    Vivian N. Tanner, Cleveland Clinic Foundation: The Division of 
Research Investigations of the Office of Research Integrity (ORI) 
conducted an investigation into possible scientific misconduct on the 
part of Vivian N. Tanner while she was a clinic coordinator for the 
Collaborative Ocular Melanoma Study (COMS) at the Cleveland Clinic 
Foundation (CCF). ORI concluded that Ms. Tanner committed scientific 
misconduct by falsifying and fabricating clinical trial data on 
research data forms related to a multicenter study on the treatment of 
choroidal melanoma, a rare form of eye cancer. Due to these 
falsifications and fabrications, inaccurate clinical data were entered 
into the clinical trial database. These acts were committed over a 
period of several years, were material, and, therefore, were 
[[Page 10589]] potentially detrimental to the study. The CCF COMS 
project has received U.S. Public Health Service support from 1985 to 
the present through subcontract funds from a National Eye Institute 
cooperative agreement award to the COMS Coordinating Center, The Wilmer 
Ophthalmological Institute, The Johns Hopkins Medical Institutions, 
Baltimore, Maryland. Because the COMS is an ongoing study, no 
publications were affected by the falsfified or fabricated data, and no 
clinical treatment has been based on the results of the study.

FOR FURTHER INFORMATION CONTACT: Director, Division of Research 
Investigations, Office of Research Integrity, 301-443-5330.
Lyle W. Bivens,
Director, Office of Research Integrity.
[FR Doc. 95-4765 Filed 2-24-5; 8:45 am]
BILLING CODE 4160-17-P
ALLONGE TO WARRANT DATED MAY 16, 2002


     Reference is hereby made to the Common Stock Purchase Warrant dated May 16,
2002 (the "Warrant")  granting Laurus Master Fund, Ltd.  ("Laurus") the right to
purchase 125,000 shares of common stock of Path I Network  Technologies  Inc., a
Delaware  corporation  (the "Company"),  with principal  offices located at 6215
Ferris Square, Suite 140, San Diego, California 92121.

     The Company and Laurus hereby agree to amend the Warrant in accordance with
the following terms:

1. The Purchase Price, as defined in the Warrant, shall be $.85; and

2. There are no other modifications to the Warrant.


                                         PATH 1 NETWORK TECHNOLOGIES INC.

                                         By: /s/ John R. Zavoli
                                         ---------------------------------------
                                         Name/Title: John R. Zavoli
                                                     Chief Financial Officer
                                         Dated: November 7, 2002




AGREED AND ACCEPTED:

LAURUS MASTER FUND, LTD.


By: /s/ David Grin
**Exhibit
      32.2**





**CERTIFICATION**





Pursuant
      to 18 U.S.C. Section 1350, the undersigned officer of Industrial Enterprises
      of
      America, Inc., a Nevada corporation (the “Company”), does hereby certify, to
      such officer’s knowledge, that this Amendment No. 1 to the Company’s quarterly
      report on Form 10-QSB for the quarter ended March 31, 2006 (this "Amendment
      No.
      1”) fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, of the Securities Exchange Act of 1934 and that the information
      contained in this Amendment No. 1 fairly presents, in all material respects,
      the
      financial condition and results of operations of the Company as of, and for,
      the
      period presented in this Amendment No. 1.





Dated: **November
      2, 2006**





/s/
      James W. Margulies


**James
      W. Margulies**


Chief
      Financial Officer










The
      foregoing Certification is being furnished solely pursuant to 18 U.S.C. Section
      1350 and is not being filed as part of this Amendment No. 1 or as a separate
      disclosure document.
[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Notices]
[Page 12747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5627]



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


DEPARTMENT OF DEFENSE
General Services Administration

National Aeronautics and Space Administration

[OMB Control No. 9000-0012]


Clearance Request for Termination Settlement Proposal Forms--FAR 
(Standard Forms 1435 Through 1440)

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for an extension to an existing OMB clearance 
(9000-0012).

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

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501), the Federal Acquisition Regulation (FAR) Secretariat 
has submitted to the Office of Management and Budget (OMB) a request to 
review and approve an extension of a currently approved information 
collection requirement concerning Termination Settlement Proposal 
Forms--FAR (Standard Forms 1435 through 1440).

FOR FURTHER INFORMATION CONTACT:
Beverly Fayson, Office of Federal Acquisition Policy, GSA (202) 501-
4755.

SUPPLEMENTARY INFORMATION:

A. Purpose

    The termination settlement proposal forms (Standard Forms 1435 
through 1440) provide a standardized format for listing essential cost 
and inventory information needed to support the terminated contractor's 
negotiation position. Submission of the information assures that a 
contractor will be fairly reimbursed upon settlement of the terminated 
contract.

B. Annual Reporting Burden

    Public reporting burden for this collection of information is 
estimated to average 25 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to General Services 
Administration, FAR Secretariat, 18th & F Streets, NW., Room 4037, 
Washington, DC 20405, and to the FAR Desk Officer, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503.
    The annual reporting burden is estimated as follows: Respondents, 
600; responses per respondent, 1; total annual responses, 600; 
preparation hours per response, 25; and total response burden hours, 
15,000.

Obtaining Copies of Proposals

    Requester may obtain copies of OMB applications or justifications 
from the General Services Administration, FAR Secretariat (VRS), Room 
4037, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB 
Control No. 9000-0012, Termination Settlement Proposal Forms--FAR 
(Standard Forms 1435 through 1440), in all correspondence.

    Dated: March 2, 1995.
Beverly Fayson,
FAR Secretariat.
[FR Doc. 95-5627 Filed 3-7-95; 8:45 am]
BILLING CODE 6820-34-M
*This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. In addition, we note that by order of the court dated October 14, 2008, this matter was submitted on the briefs. See Fed. R. App. P. 34(a)(2)(C); 10 thCir. R. 34.1(G).

** The Honorable Timothy D. Leonard, United States District Judge, Western District of Oklahoma, sitting by designation. FILED United States Court of Appeals Tenth Circuit 

### October 30, 2008 Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.JOSE ANTONIO GUERREROCHAVEZ, Defendant - Appellant. No. 07-2266 (D.C. No. 2:04-cr-01749-BB-1) (D. N.M.)

ORDER AND JUDGMENT *
Before HENRY , Chief Judge, TYMKOVICH , Circuit Judge, and LEONARD , ** District Judge. This matter is before the court following our receipt of notice that defendant Jose Antonio Guerrero-Chavez was deported to Mexico on August 13, 2008. In an order dated October 15, 2008, we directed the parties to file written2 responses addressing whether the appeal is now moot. On October 22, the government filed a response confirming the deportation and requesting dismissal of the appeal on mootness grounds. See United States v. Vera-Flores , 496 F.3d 1177, 1180-81 (10th Cir. 2007). Counsel for Mr. Guerrero-Chavez joins in that assessment. Accordingly, this appeal is DISMISSED. The mandate shall issue forthwith.
Entered for the Court Timothy M. Tymkovich Circuit Judge
[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Notices]
[Page 2376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-455]



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

DEPARTMENT OF COMMERCE
[Order No. 724]


Expansion of Foreign-Trade Zone 39; Dallas/Fort Worth, TX, Area

    Pursuant to its authority under the Foreign-Trade Zones Act of June 
18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board 
(the Board) adopts the following Order:
    Whereas, an application from the Dallas/Fort Worth International 
Airport Board, grantee of Foreign-Trade Zone No. 39, for authority to 
expand its general-purpose zone to include a site at the Grayson County 
Airport, Grayson County, Texas, adjacent to the Dallas/Fort Worth 
Customs port of entry, was filed by the Foreign-Trade Zones (FTZ) Board 
on January 4, 1994 (Docket 2-94, 59 FR 1926, 1/13/94);
    Whereas, notice inviting public comment was given in the Federal 
Register and the application has been processed pursuant to the FTZ Act 
and the Board's regulations; and,
    Whereas, the Board has found that the requirements of the Act and 
the regulations are satisfied, and that the proposal is in the public 
interest;
    Now, therefore, the Board hereby orders:
    The grantee is authorized to expand its zone as requested in the 
application, subject to the Board's regulations, including Section 
400.28.

    Signed at Washington, DC, this 27th day of December 1994.
Barbara R. Stafford,
Acting Assistant Secretary of Commerce for Import Administration, 
Alternate Chairman, Foreign-Trade Zones Board.

    Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 95-455 Filed 1-6-95; 8:45 am]
BILLING CODE 3510-DS-P
<PAGE>
 
                                                                    EXHIBIT 11.1

                             MASTER GRAPHICS, INC.
                 COMPUTATION OF NET EARNINGS PER COMMON SHARE
               (DOLLARS IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)

                                                          THREE MONTHS ENDED
                                                                MARCH 31,
                                                          -------------------
                                                               1998       1999
                                                               ----       ----
Net earnings                                              $     443  $     753
Less preferred stock dividends                                    0         30
Less accretion of preferred stock discount                        0         30
                                                          --------------------
Net earnings applicable to common shares                        443        693
                                                          ====================


Basic:
 Weighted average common shares outstanding               4,000,000  7,894,818
                                                          ====================
 Basic earnings per share                                 $    0.11  $    0.09
                                                          ====================

Diluted:
 Net earnings applicable to common shares                       443        693
 Plus preferred stock dividend and discount
  accretion                                                      --         60
 Plus deferred compensation provision                            --         12
                                                          --------------------
                                                          $     443  $     765
                                                          ====================

 Weighted average common shares outstanding               4,000,000  7,894,818
 Assumed exercise of lender warrants                        444,440    220,000
 Assumed exercise of the stock option clause in the
  deferred compensation agreements                                0    100,000
 Assumed conversion of preferred stock                            0    177,776
                                                          --------------------
                                                          4,444,440  8,392,594
                                                          ====================
 Diluted earnings per share                               $    0.10  $    0.09
                                                          ====================
[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Page 10895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4781]



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


DEPARTMENT OF VETERANS AFFAIRS

Information Collection Under OMB Review: Application for 
Reinstatement, VA Form 29-352

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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

    The Department of Veterans Affairs has submitted to OMB the 
following proposal for the collection of information under the 
provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). This 
document lists the following information: (1) The title of the 
information collection, and the Department form number(s), if 
applicable; (2) a description of the need and its use; (3) who will be 
required or asked to respond; (4) an estimate of the total annual 
reporting hours, and recordkeeping burden, if applicable; (5) the 
estimated average burden hours per respondent; (6) the frequency of 
response; and (7) an estimated number of respondents.

ADDRESSES: Copies of the proposed information collection and supporting 
documents may be obtained from Trish Fineran, Veterans Benefits 
Administration (20M30), Department of Veterans Affairs, 810 Vermont 
Avenue, NW, Washington, DC 20420 (202) 273-6886.
    Comments and questions about the items on the list should be 
directed to VA's OMB Desk Officer, Joseph Lackey, NEOB, Room 3002, 
Washington, DC 20503, (202) 395-7316. Do not send requests for benefits 
to this address.

DATES: Comments on the information collection should be directed to the 
OMB Desk Officer on or before March 30, 1995.

    Dated: February 21, 1995.

    By direction of the Secretary.
Ronald C. Taylor,
Management Analyst.

Reinstatement

    1. Application for Reinstatement, VA Form 29-352
    2. This form is used by veterans applying for reinstatement of 
their Government Life Insurance or Total Disability Income Provision 
which has lapsed for more than six months. The information is used by 
VA to determine eligibility for reinstatement.
    3. Individuals or households.
    4. 500 hours.
    5. 20 minutes.
    6. On occasion.
    7. 1,500 respondents.
[FR Doc. 95-4781 Filed 2-27-95; 8:45 am]
BILLING CODE 8320-01-M
#### R. B. McROY & COMPANY, INC., v. ATLANTIC COAST LINE RAILROAD COMPANY, INC.

(Filed 12 December, 1951.)

Railroads § 4—

Plaintiff's evidence *held*to show, as a matter of law, contributory negligence constituting a proximate cause of tbe crossing accident in suit.

Appeal by plaintiff from *Burney, J.,*February Term, 1951, of Columbus.

Civil action to recover for property damage caused by a truck-train collision at a grade crossing.

At tbe close of tbe plaintiff’s evidence, tbe defendant moved for judgment of nonsuit. Tbe motion was allowed, and from judgment based on sucb ruling tbe plaintiff appealed, assigning errors.

*Irvin B. Tuclcer, Jr., for plaintiff, appellant.*

*Boisson, Campbell Marshall and E. K. Proctor for defendant, appellee.*

Per Curiam.

Tbis case involves no new question or feature requiring extended discussion. Tbe evidence offered by tbe plaintiff, when tested by settled principles of law, fails to make out a case for tbe jury. Tbe collision occurred in broad daylight at tbe grade crossing on Lee Street in tbe business district of tbe town of Whiteville. Tbe record discloses that tbe truck driver “was thoroughly familiar with tbe crossing.” He said be bad “crossed it many times.” Also, just prior to tbe collision tbe driver bad made a stop up tbe tracks about 100 yards from tbe crossing. Thereafter be drove westerly along a street parallel with and on tbe south side of tbe tracks intending to make a right turn at Lee Street and then cross tbe tracks. "While so driving side of tbe tracks, be knew tbe train was in town just beyond tbe crossing. He said, “I beard it. I knew it was stopped there just west of tbe . . . station ... I could have seen it if I bad looked for it. When I stopped ... I bad a view down tbe track of almost 120 feet,” beyond tbe box car which plaintiff urges was an obstruction. Tbe train was traveling only about 6 miles per hour. Tbe only reasonable inference deducible from tbis evidence is that tbe plaintiff’s driver was contributorily negligent.

Tbe plaintiff was not prejudiced by tbe exclusion of that part of tbe town ordinance making it unlawful “for any train to do any shifting across said streets (Lee Street included) without having first placed a watchman on crossings to direct traffic.” Besides, tbe record discloses no-evidence that tbe train was engaged in a shifting operation.

It follows that tbe judgment of nonsuit was properly entered below.

Affirmed.