alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

May 9, 2022

No. 04-22-00235-CV

Jim CRAVER,

Appellant

v.

FAITH LUTHERAN CHURCH,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 21-0912-CV-E

Honorable William D. Old III, Judge Presiding

O R D E R

The trial court signed a final appealable order on March 23, 2022. Because this is an 

accelerated appeal, the notice of appeal was due by April 12, 2022. See TEX. R. APP. P. 26.1(b). 

A motion for extension of time to file the notice of appeal was due by April 27, 2022. See TEX.

R. APP. P. 26.3. Appellant filed his notice of appeal on April 20, 2022—within the time allowed 

for filing a motion for extension of time to file the notice of appeal. 

A motion for extension of time is necessarily implied when an appellant, acting in good 

faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the fifteen-day 

grace period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v. 

Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). But “once 

the period for granting a motion for extension of time under Rule [26.3] has passed, a party can 

no longer invoke the appellate court’s jurisdiction.” Id. 

Because the notice of appeal was untimely filed but within the fifteen-day grace period, 

we ORDER appellant to file a response presenting a reasonable explanation for failing to file the 

notice of appeal in a timely manner within 10 days from the date of this order. If appellant 

fails to respond within the time provided, the appeal will be dismissed for want of jurisdiction. 

See TEX. R. APP. P. 42.3(c). All other appellate deadlines are suspended until further order of 

this court. 
_________________________________

Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 9th day of May, 2022.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

Cross Timbers Royalty Trust 

Dallas, Texas: 

 

We consent to the incorporation by reference in the Post-Effective Amendment No. 1 to the Registration Statement No. 33-55784 on Form S-8 and Registration Statement No.333-91460 on Form S-8 of XTO Energy Inc. of our reports dated March 14, 2005, with respect to the statements of assets, liabilities and trust corpus of Cross Timbers Royalty Trust as of December 31, 2004 and 2003, and the related statements ofdistributable income and changes in trust corpus for each of the years in the three-year period ended December 31, 2004, the trustee’s assessment of the effectiveness of internal control over financial reporting as of December 31, 2004 and theeffectiveness of internal control over financial reporting as of December 31, 2004, which reports appear in the December 31, 2004 Annual Report on Form 10-K of Cross Timbers Royalty Trust. 

 

KPMG LLP 

 

Dallas, Texas 

March 14, 2005
Ex-99.4

Aggregate Statement of Principal and Interest Distribution to
Certificatesholders.

<TABLE>
<CAPTION>
   CLASS          INTEREST           PRINCIPLE            LOSSES        ENDING BALANCE
   -----          --------           ---------            ------        --------------
<S>              <C>                          <C>                 <C>   <C>
A1               671,700.00                   -                   -     $11,195,000.00
A2             1,216,473.48                   -                   -     $20,107,000.00
A3             3,423,267.94                   -                   -     $55,214,000.00
A4             6,127,250.97       14,020,298.35                   -     $93,541,701.65
A5             4,938,044.21      (3,240,492.89)                   -     $55,038,812.89
A6               197,521.77        (129,619.74)                   -      $2,201,551.74
A7               670,226.00           74,824.39                   -     $11,184,175.61
A8               337,756.71           24,941.47                   -      $3,728,058.53
A9               167,051.64        2,434,360.49                   -      $1,962,439.51
B1               355,468.37           56,077.73                   -      $5,235,322.27
B2               177,734.16           28,038.87                   -      $2,617,661.13
B3                74,836.85           11,806.06                   -      $1,102,193.94
B4                56,127.64            8,854.54                   -        $826,645.46
B5                37,418.44            5,903.01                   -        $551,096.99
B6                46,775.56            7,379.14                   -        $688,908.55
R_I                    0.28               50.00                   -              $0.00
R_II                  33.87               50.00                   -              $0.00
X                238,344.39                   -                   -              $0.00
</TABLE>
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

MICHAEL L. YOUNGBLOOD,

Claimant-Appellant

v.

DENIS MCDONOUGH, SECRETARY OF 

VETERANS AFFAIRS,

Respondent-Appellee

______________________

2020-1246

______________________

Appeal from the United States Court of Appeals for 

Veterans Claims in No. 18-378, Chief Judge Margaret C. 

Bartley, Judge Amanda L. Meredith, Judge Coral Wong Pietsch.

______________________

JUDGMENT

______________________

KENNETH M. CARPENTER, Law Offices of Carpenter 

Chartered, Topeka, KS, argued for claimant-appellant.

 WILLIAM JAMES GRIMALDI, Commercial Litigation 

Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. 

Also represented by JEFFREY B. CLARK, ROBERT EDWARD 

KIRSCHMAN, JR., LOREN MISHA PREHEIM; MEGHAN 

Case: 20-1246 Document: 35 Page: 1 Filed: 03/04/2021
ALPHONSO, BRIAN D. GRIFFIN, Office of General Counsel, 

United States Department of Veterans Affairs, Washington, DC.

 ______________________

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED:

 PER CURIAM (DYK, MOORE, and REYNA, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

March 4, 2021 

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 20-1246 Document: 35 Page: 2 Filed: 03/04/2021
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7767-7768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03043]


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

DEPARTMENT OF DEFENSE

Department of the Army


Intent To Grant an Exclusive License for U.S. Army Owned 
Invention to Faraday Technology

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.

[[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: 
<a href="/cdn-cgi/l/email-protection#9ce8f5f1f3e8f4e5b2efb2eee5fdf2b2fff5eadcf1fdf5f0b2f1f5f0"><span class="__cf_email__" data-cfemail="a7d3cecac8d3cfde89d489d5dec6c989c4ced1e7cac6cecb89cacecb">[email protected]</span></a>; (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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 41024

In the Matter of: DONALD LEE CARDWELL,

Debtor
DAVID MCKINNON; BARBARA MARSHALL, L.P. ; NORTH PONDEROSA, L.L.C.,
Appellants

v. MARK WEISBART,
Appellee

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:17

- CV

- 405

Before WIENER, HIGGINSON, and HO, Circuit Judges

. PER CURIAM: * Appellants David McKinnon, Barbara Marshall, L.P., and North Ponderosa, L.L.C. (“McKinnon Parties”) appeal an order of the district court affirming the following decisions of the bankruptcy cour t : (1) apply ing

* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 25, 2019 Lyle W. Cayce Clerk Case: 18-41024 Document: 00515212592 Page: 1 Date Filed: 11/25/2019No. 18

- 41024

2 collateral estoppel to findings of fact litigated in Texas state court and (2 )

vacat ing its earlier order approving the sale of a 94

- acre tract of land under Federal Rule of Civil Procedure 60(d)(3)

. 1 In so ruling, the district court relied on the state court’s findings of fact and conclusions of law

. After the bankruptcy court applied collateral estoppel to the state court findings of fact and conclusions of law , and after the district court affirmed th e bankruptcy court’s decision, the Court of Appeals for the Fifth District of Texas
at Dallas issued an opinion which may call into question the preclusive effect of the state trial court’s findings of fact. 2 We note that the bankruptcy court’s conclusion , and the district court’s subsequent agreement , that the McKinnon Parties committed fraud may well
turn out to be correct. But the courts’ extensive reliance on collateral estoppel makes it difficult for us to reconstruct ho w those courts would have reasoned in the absence of the state court findings of fact and conclusions of law. On remand, it would not surprise us if the courts reached the same result as before. But it is a decision they need to make in the first instanc e

. W e thus VACATE the order of the district court and REMAND th is case to the district court for further consideration i n light of the opinion of the Court of Appeals for the Fifth District of Texas at Dallas

.

1 Fed. R. Civ. P. 60( d)(3 ) ( “ This rule does not limit a court’s power to set aside a judgment for fraud on the court”).
2 McKinnon v. Gurley , No. 05

- 16

- 00246

- CV, 2018 WL 5291874 , at *1 (Tex. App.

— Dallas Oct. 25, 2018)

. Case: 18-41024 Document: 00515212592 Page: 2 Date Filed: 11/25/2019
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6053

SAMUEL ADAMS,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director of the Virginia

Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.

(CA-97-519)

Submitted: September 30, 1998 Decided: October 14, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Samuel Adams, Appellant Pro Se. John Kenneth Byrum, Jr., OFFICE OF

THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Samuel Adams seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 1998). We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of

the district court. Adams v. Angelone, No. CA-97-519 (E.D. Va. Dec.

19, 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.

DISMISSED
S. 3884 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

To designate the facility of the United States Postal Service located at 404 U.S. 

Highway 41 North in Baraga, Michigan, as the ‘‘Cora Reynolds Anderson Post 

Office’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CORA REYNOLDS ANDERSON POST OFFICE. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 404 U.S. Highway 41 North in Baraga, Michigan, 

shall be known and designated as the ‘‘Cora Reynolds Anderson 

Post Office’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Cora Reynolds Anderson Post Office’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Pages 10870-10871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4914]



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

INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32607]


WFEC Railroad Company--Construction and Operation Exemption--
Choctaw and McCurtain Counties, OK

AGENCY: Interstate Commerce Commission.

ACTION: Notice of Exemption.

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

SUMMARY: The Commission, under 49 U.S.C. 10505, conditionally exempts 
from the prior approval requirements of 49 U.S.C. 10901 the 
construction and operation by the WFEC Railroad Company of a 14-mile 
line of railroad in Choctaw and McCurtain Counties, OK, subject to the 
results of our environmental review and further decision. The line will 
extend north from the Western Farmers Electric Cooperative's Hugo 
Generating Station loop track, cross a line of the Kiamichi Railroad 
Company, and then extend east to connect with a line of the Texas, 
Oklahoma & Eastern Railroad Company near Valliant, OK.

DATES: The exemption cannot become effective until after the 
environmental process has been completed. At that time, the Commission 
will issue a further decision addressing the environmental matters and 
establishing an exemption effective date, if appropriate. Petitions to 
reopen must be filed by March 20, 1995.

ADDRESSES: Send pleadings referring to Finance Docket No. 32607 to: (1) 
Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, 1201 Constitution Avenue NW., Washington, DC 20423; and (2) 
Petitioner's representative: John H. LeSeur, Slover & Loftus, 1224 
Seventeenth St., NW., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Additional information is contained in 
[[Page 10871]] the Commission's decision. To purchase a copy of the 
full decision, write to, call, or pick up in person from: Dynamic 
Concepts, Inc., Room 2229, Interstate Commerce Commission Building, 
1201 Constitution Avenue, NW., Washington, DC 20423. Telephone (202) 
289-4357/4359. [Assistance for the hearing impaired is available 
through TDD services (202) 927-5721.]

    Decided: February 10, 1995.

    By the Commission, Chairman McDonald, Vice Chairman Morgan, and 
Commissioners Simmons and Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 95-4914 Filed 2-27-95; 8:45 am]
BILLING CODE 7035-01-P
[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Proposed Rules]
[Page 10533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4679]



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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3400, 3470, and 3480

[WO-300-4120-02-24 1A]
RIN: 1004-AC15


Logical Mining Units (LMU's) in General; LMU Application 
Procedures; LMU Approval Criteria; LMU Diligence; and Administration of 
LMU Operations: Extension of Comment Period

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: A proposed rule amending the regulations relating to logical 
mining units (LMU's) for coal mining operations was published in the 
Federal Register on Wednesday, December 28, 1994 (59 FR 66874), with a 
60-day comment period expiring February 27, 1995. The comment period is 
being extended for 30 days in response to public request.

DATES: The period for the submission of comments is hereby extended 
until March 29, 1995. Comments postmarked after this date will not be 
considered as part of the decisionmaking process on issuance of the 
final rule.

ADDRESSES: Comments should be sent to the Regulatory Management Team 
(120), Bureau of Land Management, Room 5555, Main Interior Building, 
1849 C Street, N.W., Washington, D.C. 20240. Comments will be available 
for public review at the above address during regular business hours 
(7:45 a.m. to 4:15 p.m.), Monday through Friday.

FOR FURTHER INFORMATION CONTACT: William Radden-Lesage, (202) 452-0350.

    Dated: February 21, 1995.
Sylvia V. Baca,
Acting Assistant Secretary of the Interior.
[FR Doc. 95-4679 Filed 2-24-95; 8:45 am]
BILLING CODE 4310-84-P
'TIXJCATI-OIZNEY GENERAL 

OF ‘%-EXAS 

Hon. Homer P. Rainey, President 

University of Texas 

Austin, Texas 

Dear Sir: Opinion No. O-4555 

Re: Form of oath required by Section 

2, Senate Bill 38, Acts 47th Legislature. 

We have your letter requesting that we prepare for. you a form of'affidavit 

meeting the requirements of Section 2, Senate Bill 3, chapter 617, Acts 

RegularSession 47th Legislature, which section reads as follows: 

‘Sec. 2. Exempting foreign visiting instructors. refugees 

and ppliticalrefugees from conquered countries from the' 

prapfsions set out in Section 1 of this Act,~and providing 

that such foreign visiting instructors, refugees and political 

refugees from conquered countries shall file an affidavit, cm 

form to be prescribed by the Attorney General of the State of 

Texas, stating, among other things, that they are not members 

of the Communist, Fascist or Rasi Parties, nor members~of aqy 

Bund, or any affiliated organization, and further stating that 

they will not engage in any un-American activities, nor teach 

any doctrines contrary to the Constitution and Laws of the 

United States of America or of the State of Texas.“ 

We prescribe the following form to be used for foreign visiting instructors 

covered by~section 2 of the Act: 

*The state Of Texas 

county of Travis 

"Before me the undersigned authority on this day personally 

appeared who, being by me duly sworn, on 

his oath says: 

"My name is . I am a citizen of 

a country conquered by the Axis 

I am a visiting instkctor in the University of Texas. 

powers. 
Hon. Homer P. Rainey, President, Page #2 O-4555 

"I do solemnly swear that I sm not a member of the Communist, 

Fascist, and Basi Parties, or either of them; that I am not a 

member of any Rund or of any organization affiliated with a 

Bund or with the Hasi, Fascist, and Communist parties, or 

either of them; that I am not employed by nor do I serve 

in any manner the Communist, Nazi, and Fascist parties, or 

either of them. 

"I further solemnly swear tha t I will not engage in any unAmerican activities and that I will not teach any doctrine 

contrary to the Constitution and laws of the United States 

of America or of the State of Texas. 

"Sworn to and subscribed before me this 

day of A. D. 1942. 

Rotary Public, Travis County, 

Texas ." 

Yours truly 

ATTomEYGEltEmLOFTEXAS 

8/ R. W. Fairchild 

BY 

R. W. Fairchild 

Assistant 

APPROVED APR. 27, 19&' 

s/ Grover Sellers 

FIRST ASSISTAliT 

A 

APPROVED 

OPIRIOR 

COMMITTEE 

BY B. W. B. 

ctHAmwAu
#### Christian T. Christensen v. Gardner R. Colby.

Motion for reargument denied.

Opinion by

Brady, J.
[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Notices]
[Page 2078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-348]



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

DEPARTMENT OF COMMERCE
[A-549-809]


Notice of Preliminary Determination of Sales at Less Than Fair 
Value: Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand

Correction
    In notice document 94-24539 beginning on page 50568, in the issue 
of Tuesday, October 4, 1994, make the following corrections:
    1. On page 50568, in the third column, under Case History, in the 
third paragraph, in the third line, ``Asahi'' should read ``Awaji.''
    2. On page 50570, in the second column, under Suspension of 
Liquidation, after the second paragraph, under the heading 
``Manufacturer/Producer/Exporter,'' ``Asahi'' should read ``Awaji.''

    Dated: December 26, 1994.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 95-348 Filed 1-5-95; 8:45 am]
BILLING CODE 3510-DS-M