alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00092-CV

__________________

IN RE KENNETH A. BITGOOD AND FRANK O. CARROLL III

_________________________________________________________________

Original Proceeding

457th District Court of Montgomery County, Texas

Trial Cause No. 20-05-05682-CV

__________________________________________________________________

ORDER

Kenneth A. Bitgood and Frank O. Carroll III, Relators, filed a petition for a 

writ of mandamus and a motion for temporary relief. See Tex. R. App. P. 52. Relators 

are the plaintiff and his counsel of record in Trial Cause Number 20-05-05682-CV,

Kenneth A. Bitgood v. Stephen S. Harkness and Anna M. Harkness. Relators seek a 

writ compelling the Honorable Vince Santini, Judge of the 457th District Court of

Montgomery County, Texas, to vacate a March 31, 2021 Order Imposing Sanctions. 

See Tex. Gov’t Code Ann. § 22.221.
2

Relators request that the trial court’s order imposing sanctions be stayed while 

this Court considers the mandamus petition. The Court finds temporary relief is 

necessary to prevent undue prejudice. It is ORDERED that the trial court’s March 

31, 2021 Order Imposing Sanctions in Trial Cause Number 20-05-05682-CV is 

STAYED until our opinion issues in this mandamus action or until further order of 

this Court. See Tex. R. App. P. 52.10(b). No bond is required of Relators as a 

condition to any relief herein granted.

The response of the Real Parties in Interest, Stephen S. Harkness and Anna 

M. Harkness, is due on or before Monday, May 10, 2021.

MOTION FOR TEMPORARY RELIEF GRANTED. 

ORDER ENTERED April 28, 2021.

PER CURIAM

Before Golemon, C.J., Horton and Johnson, JJ.
#### Robert KROGMAN, Appellant, v. STATE of Missouri, Respondent.

No. 65238.

Missouri Court of Appeals, Eastern District, Division Five.

Aug. 23, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied Sept. 20, 1994.

Application to Transfer Denied Oct. 25, 1994.

David C. Hemingway, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joanne E. Beal, Asst. Atty. Gen., Jefferson City, for respondent.

Before GRIMM, C.J., and CRIST and CARL R. GAERTNER, JJ.

PER CURIAM.

Appellant pled guilty to two counts of rape and one count of sodomy. He received three concurrent twelve-year sentences.

In his Rule 24.035 motion, appellate alleges error in accepting his pleas. The motion *340court denied Ms request for relief -without an evidentiary hearing.

No jurisprudential purpose would be served by a written opinion. The motion court’s findings are not clearly erroneous and no error of law appears. Pursuant to Rule 84.16(b), the judgment is affirmed.
#### William H. DINGUS, et al., Defendants, Kameron Dingus, a Minor, By and Through His Mother and Next Friend, Justine T. Dingus, Appellant, v. Ronald L. DINGUS, et al., Respondents.

No. WD 48410.

Missouri Court of Appeals, Western District.

Dec. 28, 1993.

John H. Norton, Norton & Norton, Kansas City, for appellant.

*515John B. Reddoch, Scott J. Sullivan, Kuhl-man & Reddoch, Liberty, for respondents.

Before TURNAGE, P.J., and HANNA and ELLIS, JJ.

*ORDER*

PER CURIAM:

Appeal from summary judgment entered in an action for personal injuries.

Judgment affirmed. Rule 84.16(b)
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18649

information to be collected; and (d)

ways to minimize the burden of the

collection of information on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

Approved: April 19, 1996.

Garrick R. Shear,

IRS Reports Clearance Officer.

[FR Doc. 96–10400 Filed 4–25–96; 8:45 am]

BILLING CODE 4830–01–U

UNITED STATES INFORMATION

AGENCY

Meeting of the Advisory Board for

Cuba Broadcasting

The Advisory Board for Cuba

Broadcasting will conduct a meeting at

the Doral Golf Resort and Spa, 4400 NW

87th Avenue, Miami, Florida, on Friday,

April 26, 1996, at 8:30 a.m.

The intended agenda is listed below.

Advisory Board for Cuba Broadcasting

Meeting

Friday, April 26, 1996

Agenda

Part One—Closed to the Public

Technical Operations Update

A. Radio Martı ́

B. T.V. Martı ́

Part Two—Open to the public

I. Technical Operations Update

A. Watts and Frequencies

II. Update on Radio and T.V. Martı ́

III. Relocation Update

A. Card Sound Road Site

IV. Inspector General USIA Update

V. Focus Group Report

VI. Legislative Report

VII. International Broadcasting Bureau

A. Firewall Issue

VIII. Old Business

IX. New Business

X. Adjournment

Members of the public interested in

attending the open portion of the

meeting should contact Ms. Angela R.

Washington, at the Advisory Board

Office. Ms. Washington can be reached

at (202) 401–2178.

Determination To Close a Portion of the

Advisory Board Meeting of April 26,

1996

Based on information provided to me

by the Advisory Board for Cuba

Broadcasting, I hereby determine that

the 8:30 a.m. to 9:00 a.m. portion of this

meeting should be closed to the public.

The Advisory Board has requested

that part one of the April 26, 1996,

meeting be closed to the public. Part one

will involve information the premature

disclosure of which would likely

frustrate implementation of a proposed

Agency action. Closing such

deliberations to the public is justified by

the Government in the Sunshine Act

under 5 U.S.C. 522b(c)(9)(B).

Part one of the agenda consists of a

discussion of technical matters, which

include TV Martı ́ transmissions,

frequencies, alternate channels and new

technologies for Radio Martı ́.

Dated: April 22, 1996.

Joseph Duffey,

Director, United States Information Agency.

[FR Doc. 96–10304 Filed 4–25–96; 8:45 am]

BILLING CODE 8230–02–M
[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Pages 30073-30074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11741]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #16968 and #16969; Georgia Disaster Number GA-
00125]


Presidential Declaration Amendment of a Major Disaster for Public 
Assistance Only for the State of Georgia

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Georgia 
(FEMA-4600-DR), dated 05/05/2021.
    Incident: Severe Storms and Tornadoes.
    Incident Period: 03/25/2021 through 03/26/2021.

DATES: Issued on 05/27/2021.
    Physical Loan Application Deadline Date: 07/06/2021.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/07/2022.

ADDRESSES: Submit completed loan applications to: U.S. Small Business

[[Page 30074]]

Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of 
Georgia, dated 05/05/2021, is hereby amended to include the following 
areas as adversely affected by the disaster.

Primary Counties: Gordon.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2021-11741 Filed 6-3-21; 8:45 am]
BILLING CODE 8026-03-P
EXHIBIT 31.1

CERTIFICATIONS

I, Louis J. DAmbrosio, certify that:



|1. | I have reviewed this quarterly report on Form 10-Q/A of Sears Holdings Corporation; and
|-- | ---------------------------------------------------------------------------------------



|2. | Based on my knowledge, this 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 report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 18, 2011



|                                                                                    
|------------------------------------------------------------------------------------
|/s/ Louis J. DAmbrosio                                                             
|Louis J. DAmbrosio
Chief Executive Officer and President
Sears Holdings Corporation
No. 72-1233.

#### Texas Mortgage Co. *v.*Phillips Petroleum Co. et al.

C. A. 5th Cir. Certiorari denied.
**Exhibit 9.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements of Stolt Offshore S.A. (a Luxembourg company)and its subsidiaries’ (the “Company”) on Form S-8, File Nos. 33-85168, 333-09292, 333-74321, 333-124983 and 333-124997 and on Form F-3 and Form F-3/A, File No. 333-86288 of our report on the financial statements of the EPIC JV datedApril 6, 2005 appearing in this annual report on Form 20-F of the Company for the year ended November 30, 2004. 

 

/s/    Deloitte 

 

Deloitte Statsautoriserte Revisorer AS 

Stavanger, Norway 

30 May 2005
[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Notices]
[Page 30332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11794]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-149 (Fifth Review)]


Barium Chloride From China

Determinations

    On the basis of the record \1\ developed in the subject five-year 
review, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that revocation of the antidumping duty order on barium 
chloride from China would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.
---------------------------------------------------------------------------

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------

Background

    The Commission instituted this review on October 1, 2020 (85 FR 
61984) and determined on January 4, 2021 that it would conduct an 
expedited review (86 FR 24412, May 6, 2021).
    The Commission made this determination pursuant to section 751(c) 
of the Act (19 U.S.C. 1675(c)). It completed and filed its 
determination for this review on June 1, 2021. The views of the 
Commission are contained in USITC Publication 5203 (June 2021), 
entitled Barium Chloride from China: Investigation No. 731-TA-149 
(Fifth Review).

    By order of the Commission.

    Issued: June 1, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-11794 Filed 6-4-21; 8:45 am]
BILLING CODE 7020-02-P
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 Annual Report of Equality  Investments,  Inc. on
Form  10-KSB  for the  period  ending  December  31,  2003,  as  filed  with the
Securities  and Exchange  Commission  on the date hereof (the  "Report"),  I, B.
Stephen Bailey, President 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, to the best of my knowledge and belief:

         (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 result of
                  operations of the Company.


/S/ B. Stephen Bailey
B. Stephen Bailey
President, Director
(Principal Executive Officer)


April 19, 2004


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>


<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         107,226
<SECURITIES>                                     5,072
<RECEIVABLES>                                   37,378
<ALLOWANCES>                                     4,632
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         905,173
<DEPRECIATION>                                 169,079
<TOTAL-ASSETS>                               1,362,234
<CURRENT-LIABILITIES>                          130,263
<BONDS>                                        854,381
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            28
<OTHER-SE>                                     283,215
<TOTAL-LIABILITY-AND-EQUITY>                 1,362,234
<SALES>                                        182,316
<TOTAL-REVENUES>                               182,316
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                74,631
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              64,271
<INCOME-PRETAX>                                 43,414
<INCOME-TAX>                                     5,800
<INCOME-CONTINUING>                             37,614
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    37,614
<EPS-PRIMARY>                                     1.36
<EPS-DILUTED>                                     1.31
        


</TABLE>
#### STATE of Missouri, Respondent, v. Mike HAYES, Appellant.

No. WD 39906.

Missouri Court of Appeals, Western District.

Sept. 26, 1989.

Jim Lynn, Columbia, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before GAITAN, P.J., and MANFORD and ULRICH, JJ.

ORDER

PER CURIAM:

Consolidated appeal from the conviction of two counts of receiving stolen property, § 570.080, RSMo 1986, and appeal from the denial of a Rule 29.15 motion for post-conviction relief after evidentiary hearing.

The judgments are affirmed. Rule 84.-16(b) and 30.25(b).
Exhibit 23.1

Independent Auditors' Consent

The
Board of Directors and Stockholders
The SCO Group, Inc.:

We
consent to the incorporation by reference in Registration Statement No.s 333-43822, 333-97865, and 333-100105 on Form S-8 and
Registration Statement No.s 333-102940, 333-106885, and 333-110556 on Form S-3 of The SCO Group, Inc. of our report dated
December 20, 2003, except as to note 17 which is as of January 20, 2004, relating to the consolidated balance sheets of The SCO Group, Inc. and subsidiaries as of
October 31, 2003 and 2002, and the related consolidated statements of operations and comprehensive income (loss), stockholders' equity, and cash flows for the years then ended, and related
schedule, which report appears in the October 31, 2003 Annual Report on Form 10-K of The SCO Group, Inc.

The
October 31, 2001 consolidated financial statements of The SCO Group, Inc. and subsidiaries were audited by other auditors who have ceased operations. Our report dated
December 20, 2003, except as to note 17 which is as of January 20, 2004, refers to our audit of the transitional disclosures required by Statement of Financial Accounting
Standards No. 142, Goodwill and Other Intangible Assets, which was adopted by the Company as of November 1, 2001, and of the adjustments that were applied to retroactively reflect a
one-for-four reverse stock split of the Company's common stock approved on March 4, 2002. However, we were not engaged to audit, review, or apply any procedures to the
October 31, 2001 consolidated financial statements of The SCO Group, Inc. and subsidiaries other than with respect to such disclosures and adjustments and, accordingly, we do not express
an opinion or any form of assurance on the October 31, 2001 consolidated financial statements taken as a whole.

/s/
KPMG LLP

Salt
Lake City, Utah
January 27, 2004

---

QuickLinks
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-1699

In re: KENNETH D. BEVERLY

 Petitioner.

On Petition for Writ of Mandamus

(No. 3:05-cr-00526-HEH-1)

Submitted: September 27, 2012 Decided: October 1, 2012

Before MOTZ, DAVIS, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Kenneth D. Beverly, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kenneth D. Beverly petitions for a writ of mandamus, 

alleging the district court has unduly delayed acting on his 

various motions attacking his convictions. He seeks an order 

from this court directing the district court to act. Our review 

of the district court’s docket reveals that the district court 

recently denied or dismissed the motions. Accordingly, because 

the district court has recently decided Beverly’s case, we deny 

the mandamus petition as moot. To the extent Beverly seeks to 

directly challenge his conviction, such relief is not available 

by way of a mandamus petition. We grant leave to proceed in 

forma pauperis. 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. 

PETITION DENIED
Extension Agreement for Notes Payable dated May 13, 2010



 Exhibit 10.1 

DMI LIFE SCIENCES, INC. 

EXTENSION AGREEMENT FOR NOTES PAYABLE 

TOTAL PRINCIPAL AMOUNT: $100,000 

May 13, 2010 
 Greenwood Village, Colorado

 On November 6, 2009 and November 20, 2009, the undersigned, DMI Life Sciences, Inc., a Delaware corporation following its
reincorporation in March 2010 (“Maker”) issued two promissory notes, each in the principal amount of $50,000 (the “Notes”) and promised to pay to the order of DMI BioSciences, Inc., together with any successors or assigns
(collectively, the “Holder”), the aggregate principal sum of One Hundred Thousand United States Dollars (US $100,000), with interest accruing on the outstanding principal amount of the Notes at an annual rate of six percent
(6.0%) until the Notes are paid in full. The Notes had original due dates of April 30, 2010. 
 In consideration of this agreement and
the extension contemplated hereby and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Maker and the Holder have agreed to extend the due date of the Notes to the earlier of (i) the closing
and receipt by the Maker or its parent, Ampio Pharmaceuticals, Inc., of debt or equity financing totaling $5 million or more, or (ii) September 2, 2010. All of the other terms of the original Notes remain unchanged. 

Maker may prepay the Notes in part, or in full, prior to the due date of the Notes. Payments of principal and interest shall be made at the place that
Holder from time to time shall direct in writing. 
  

			
	 Maker:
 DMI Life
Sciences, Inc.

		
	By:	 	/s/ Bruce G. Miller
		 	Bruce G. Miller, Chief Financial Officer

  

			
	 Holder:
 DMI
BioSciences, Inc.

		
	By:	 	/s/ Bruce G. Miller
		 	 Bruce G. Miller, President,

Pursuant to Board Authorization
#### Howard Thomas GIBSON, Jr., Appellant, v. STATE of Missouri, Respondent.

No. WD 49330.

Missouri Court of Appeals, Western District.

April 4, 1995.

Laura G. Martin, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, for respondent.

Before KENNEDY, P.J., and LOWENSTEIN and HANNA, JJ.

*ORDER*

PER CURIAM.

Appeal from the denial of a Rule 24.035 post-conviction motion. Affirmed. Rule 84.16(b).
<Page>

                                                                   EXHIBIT 31.02

                     RULE 13a-14(a)/15d-14(a) CERTIFICATIONS

I, Michael L. Pungello, certify that:

1. I have reviewed this report on Form 10-Q of ML Cornerstone FuturesAccess LLC;

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the financial statements, and other financial
information included in this 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 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:

    a) Designed such disclosure controls and procedures, or caused such
    disclosure controls and procedures to be designed under our supervision, 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 report is being
    prepared;

    b) Evaluated the effectiveness of the registrant's disclosure controls and
    procedures and presented in this report our conclusions about the
    effectiveness of the disclosure controls and procedures, as of the end of
    the period covered by this report based on such evaluation; and

    c) Disclosed in this report any change in the registrant's internal control
    over financial reporting that occurred during the registrant's most recent
    fiscal quarter that has materially affected, or is reasonably likely to
    materially affect, the registrant's internal control over financial
    reporting; and

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 registrant's board of directors
(or persons performing the equivalent functions):

    a) All significant deficiencies and material weaknesses in the design or
    operation of internal control overfinancial reporting which are reasonably
    likely to adversely affect the registrant's ability to record, process,
    summarize and report financial information; and

    b) Any fraud, whether or not material, that involves management or other
    employees who have a significant role in the registrant's internal control
    over financial reporting.

Date: May 16, 2005


By /s/ MICHAEL L. PUNGELLO
   -----------------------
Michael L. Pungello
Vice President, Chief Financial Officer
and Treasurer
(Principal Financial and Accounting Officer)