alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
   THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
   BALANCE SHEET AND STATEMENT OF INCOME AND COMPREHENSIVE INCOME OF
   PORTSMOUTH SQUARE, INC. SET FORTH IN ITS FORM 10-QSB REPORT FOR THE
   QUARTERLY PERIOD ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY
   BY REFERENCE TO SUCH 10-QSB REPORT.
</LEGEND>

<CIK> 0000079661
<NAME> PORTSMOUTH SQUARE, INC.

<S>                                      <C>
<PERIOD-TYPE>                                  3-Mos
<FISCAL-YEAR-END>                        DEC-31-2000
<PERIOD-START>                           JAN-01-2000
<PERIOD-END>                             MAR-30-2000
<CASH>                                        429027
<SECURITIES>                                 6072938
<RECEIVABLES>                                      0
<ALLOWANCES>                                       0
<INVENTORY>                                        0
<CURRENT-ASSETS>                             6501965
<PP&E>                                             0
<DEPRECIATION>                                     0
<TOTAL-ASSETS>                               9274201
<CURRENT-LIABILITIES>                        3272187
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                     2092300
<OTHER-SE>                                   3909714
<TOTAL-LIABILITY-AND-EQUITY>                 6002014
<SALES>                                            0
<TOTAL-REVENUES>                             1770555
<CGS>                                              0
<TOTAL-COSTS>                                      0
<OTHER-EXPENSES>                              168050
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                             33992
<INCOME-PRETAX>                              1602505
<INCOME-TAX>                                  641002
<INCOME-CONTINUING>                           961503
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                  961503
<EPS-BASIC>                                   1.31
<EPS-DILUTED>                                   1.31





</TABLE>
1... This proceeding arises out of Cause No. 2009-CR-5415, styled State of Texas v. Donta Daray Aubrety, in

the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.

i i i i i i

MEMORANDUM OPINION

No. 04-10-00064-CR

IN RE Donta Daray AUBRETY

Original Mandamus Proceeding1

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: February 17, 2010

PETITION FOR WRIT OF MANDAMUS DENIED

On January 28, 2010, relator Donta Daray Aubrety filed a petition for writ of mandamus,

complaining of the trial court’s failure to rule on his pro se motion to dismiss his appointed counsel,

Joseph Anthony Hernandez.

However, in order to obtain a writ of mandamus compelling the trial court to consider and

rule on a motion, a relator must establish that the trial court: (1) had a legal duty to perform a nondiscretionary act; (2) was asked to perform the act; and (3) failed or refused to do so. In re Molina,

94 S.W.3d 885, 886 (Tex. App.—San Antonio 2003, orig. proceeding) (per curiam). When a

properly filed motion is pending before a trial court, the act of giving consideration to and ruling
04-10-00064-CR

-2-

upon that motion is ministerial, and mandamus may issue to compel the trial judge to act. See

Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.—San Antonio 1997, orig.

proceeding). However, mandamus will not issue unless the record shows that a properly filed

motion has awaited disposition for an unreasonable amount of time. See id. It is relator’s burden

to provide this court with a record sufficient to establish his right to relief. Walker v. Packer, 827

S.W.2d 833, 837 (Tex. 1992); TEX. R. APP. P. 52.3(k), 52.7(a). 

The record before us fails to establish relator is entitled to the relief requested. Relator

indicates he filed his pro se motion to dismiss his appointed counsel on January 26, 2010, just two

days prior to filing this petition for writ of mandamus. A trial court has a reasonable time within

which to perform its ministerial duty. See Safety-Kleen, 945 S.W.2d at 269. Relator has not

established the motion has awaited disposition for an unreasonable amount of time. 

Because relator has not met his burden of providing a record establishing that a motion was

properly filed and has awaited disposition for an unreasonable amount of time, he has not provided

this court with grounds to usurp the trial court’s inherent authority to control its own docket. See

In re Mendoza, 131 S.W.3d 167, 168 (Tex. App.—San Antonio 2004, orig. proceeding).

Accordingly, relator’s petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a). 

PER CURIAM

DO NOT PUBLISH
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 68 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
H. J. RES. 68

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 2002, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 107-44 is 
amended by striking ``October 16, 2001'' in section 107(c) and 
inserting in lieu thereof ``October 23, 2001''; by adding the following 
before the semicolon in section 101(b)(1) ``: Provided, That the rate 
for operations of the Defense Health Program may exceed the current 
rate as may be necessary to fund a pro rata share of the program 
expansion authorized by section 712(a) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398)''; 
by striking section 115 and adding the following:
    ``Sec. 115. Notwithstanding the dates specified in section 7 of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of 
Public Law 103-428, the Export-Import Bank of the United States shall 
continue to exercise its functions in connection with and in 
furtherance of its objects and purposes through the date specified in 
section 107(c) of this joint resolution.''; and adding the following 
new section:
    ``Sec. 123. Notwithstanding section 107, funds shall be available 
and obligations for mandatory payments due on or about November 1, 
2001, may continue to be made.''.

            Passed the House of Representatives October 11, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                             H. J. RES. 68

_______________________________________________________________________

                            JOINT RESOLUTION

Making further continuing appropriations for the fiscal year 2002, and 
                          for other purposes.
```
**Exhibit 32.01**

** **

**Officer Certification**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of PSCo on Form 10-Q for the quarterended Sept. 30, 2008, as filed with the Securities and Exchange Commissionon the date hereof (Form 10-Q), each of the undersigned officers of PSCocertifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to such officer’s knowledge:

 
| (1)    |   | The Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial  condition and results of operations of PSCo as of the dates and for the  periods expressed in the Form 10-Q. |

 

Date: Oct. 27, 2008

 
|   | /s/ TIM E. TAYLOR                           |
|--------|---------------------------------------------|
|   | Tim E. Taylor                               |
|   | President  and Chief Executive Officer      |
|   |                                        |
|   | /s/ BENJAMIN G.S. FOWKE  III                |
|   | Benjamin G.S. Fowke III                     |
|   | Vice  President and Chief Financial Officer |

 

The foregoing certificationis being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as part of the Report or as a separate disclosure document.

 

Asigned original of this written statement required by Section 906, orother document authenticating, acknowledging or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to PSCo andwill be retained by PSCo and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
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 Energy

###### Federal Energy Regulatory Commission 

          - [Docket No. ER02-2551-004] 

Take notice that on August 21, 2008, Cargill Power Markets, LLC filed a supplemental to its June 30, 2008, Category 1 status filing. 

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. 

                    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at                     *http://www.ferc.gov.*                     Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.                 

                    This filing is accessible on-line at                     *http://www.ferc.gov,*                     using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail                     *FERCOnlineSupport@ferc.gov,*                     or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.                           ( print page 53419)    

*Comment Date:*                     5 p.m. Eastern Time on September 21, 2008.                 

Kimberly D. Bose, 

Secretary.

[FR Doc. E8-21539 Filed 9-15-08; 8:45 am] 

BILLING CODE 6717-01-P
NUMBER 13-13-00215-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

MIGUEL AGUIRRE, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On appeal from the 24th District Court

of Goliad County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Perkes

Memorandum Opinion Per Curiam

Appellant, Miguel Aguirre, by and through his attorney, has filed a motion to 

dismiss his appeal because he no longer desires to prosecute it. See TEX. R. APP. P. 

42.2(a). Without passing on the merits of the case, we GRANT the motion to dismiss 

pursuant to Texas Rule of Appellate Procedure 42.2(a) and DISMISS the appeal. 

Having dismissed the appeal at appellant's request, no motion for rehearing will be 
2

entertained, and our mandate will issue forthwith.

PER CURIAM

Do not publish. 

See TEX. R. APP. P. 47.2(b). 

Delivered and filed the

11th day of July, 2013.
ex-2d_amend


EXHIBIT 10.9 

SECOND AMENDMENT TO THE

BENEFIT RESTORATION PLAN OF AVON PRODUCTS, INC.


        THIS SECOND AMENDMENT
  is made on this 5th day of
  December 2000, by AVON PRODUCTS, INC., a corporation duly organized and existing
  under the laws of the State of New York (hereinafter referred to as the “Primary
  Sponsor”). 


  W I T N E S S E T H:


        WHEREAS, the Primary Sponsor maintains the
  Benefit Restoration Plan of Avon Products, Inc. (the “Plan”), which
was adopted by an indenture dated July 1, 1998; and


        WHEREAS, the Primary Sponsor now desires to amend the Plan to provide optional forms of distribution. 


        NOW, THEREFORE, the Primary Sponsor hereby amends the Plan as follows:


  1. Effective July 1, 1998, by deleting Sections 3.2(a)(2) and 3.2(a)(3) in their entirety and by substituting therefore the following: 


  
         “(2) the Member’s
      Supplemental Benefit be payable as a single life annuity payable during the
    lifetime of the Member with or without a five or ten years certain; or 

  
         (3) the Member’s Supplemental Benefit be a joint and 50% survivor benefit with or without five or ten years certain. Such benefit shall be of Equivalent Actuarial Value of a single life annuity
    payable for the life of the Member and with the provision that after the Member’s death an annual Supplemental Benefit shall be paid to the Beneficiary of the Member, equal to one-half of the annual Supplemental Benefit payable during the
    Member’s life.”




  2. Effective
July 1, 1998, by adding the following new Section 3.5 to the Plan as follows:

     “3.5 Elective Transfer to Deferred Compensation
  Plan. 


       A Member may
  elect by written notice delivered to the Company at least six months prior
  to the date on which the Supplemental Benefit would otherwise have been paid
  or commenced, or such other date as the Company may establish, to have the
  lump sum Equivalent Actuarial Value of his or her Supplemental Benefit credited
  to the Member’s account under the Avon Products, Inc. Deferred Compensation Plan.  If such election is made, the crediting of
the Member’s account in the Avon Products, Inc. Deferred Compensation Plan
of the amount














  required under this Section 3.5 shall be in complete
  discharge and satisfaction of the Company’s obligation to pay the Member
a Supplemental Benefit pursuant to the Plan.”


        Except as specifically amended herein, the Plan shall remain in full force and effect as it was prior to this Second Amendment. 


        IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed on the date and year first above written.


  	AVON
            PRODUCTS, INC. 
	 	 	 
	By:	 /s/
          Avon Products, Inc. 
	 	

	 	 	 
	Title:	 	 
	 	



  

  



  2
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-30182

Conference Calendar

 

CALVIN RAY ARCENEAUX, SR; SHELIA

ARCENEAUX; CALVIN RAY ARCENEAUX, JR.;

SHANNON DONOVAN; JAMES WHITE, JR; 

JOSHUA ARCENEAUX; ACE TRUCK & TRAILER

REPAIR, INC.,

Plaintiffs-Appellants,

versus

LARRY W. DURR, individually and in his

official capacity as police officer for the

City of Bossier City; ROYCE CHAPMAN, individually

and in his official capacity as police officer 

for the City of Bossier City; TOMMY BLACK

individually and in his official capacity as

police officer for the City of Bossier City; 

DALE TEUTSCH, individually and in his official 

capacity as Deputy Chief of Police for the City

of Bossier City; CITY OF BOSSIER CITY; LARRY DEEN,

in his official capacity as Sheriff of Bossier Parish;

TED RISER, in his official capacity as Sheriff of

Webster Parish,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 98-CV-84

- - - - - - - - - -

August 18, 1998

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:*

Plaintiffs appeal the district court’s denial of their

motion for a preliminary injunction requesting the return of bank
No. 98-30182

-2-

accounts seized pursuant to a state forfeiture proceeding. We

have reviewed the record and the briefs of the parties and find

that, contrary to appellants’ arguments that the district court’s

decision was premised on a misinterpretation of Penn Gen. Cas.

Co. v. Commonwealth of Pennsylvania, 294 U.S. 189, 195 (1935) and

its progeny, the district court did not err in finding that it

lacked jurisdiction over the accounts at issue. Under Penn Gen.,

until the state proceedings conclude or the accounts are

released, the federal court cannot assert any jurisdiction over

them, and nothing indicates that the principle developed in Penn

Gen. applies only to competing forfeiture actions. It applies to

all suits “requiring that the court have possession or control of

the property which is the subject of the suit in order to proceed

with the cause and to grant the relief sought.” Penn Gen., 294

U.S. at 195. The district court’s denial of a preliminary

injunction is not a breach of its obligation to redress

constitutional wrongs under 42 U.S.C. § 1983 and 28 U.S.C.

§ 1343. The denial of the preliminary injunction does not

dismiss appellants’ constitutional claims, but was mandated by

the limits of the district court’s jurisdiction. 

AFFIRMED.
<PAGE>

                                                                    EXHIBIT 12.1

                     PUBLIC SERVICE ELECTRIC AND GAS COMPANY
               COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>
                                                  For the Six
                                                     Months                  For the Years Ended
                                                 Ended June 30,                 December 31,
                                                 --------------------------------------------------------
                                                  2004     2003   2003     2002    2001    2000     1999
                                                 --------------------------------------------------------
                                                                   (Millions, except ratios)
<S>                                               <C>     <C>     <C>     <C>     <C>     <C>      <C>
Earnings as Defined in Regulation S-K (A):

Pre-tax Income from Continuing Operations         $ 313   $ 171   $ 376   $ 320   $ 324   $  994   $1,163
Fixed Charges                                       187     196     390     408     461      447      442
                                                 --------------------------------------------------------
Total Earnings                                    $ 500   $ 367   $ 766   $ 728   $ 785   $1,441   $1,605
                                                 ========================================================
Fixed Charges as Defined in Regulation S-K (B)

Interest Expense                                  $ 187   $ 194   $ 390   $ 406   $ 458   $  444   $  440
Interest Factor in Rentals                           --       2      --       2       3        3        2
                                                 --------------------------------------------------------
Total Fixed Charges                               $ 187   $ 196   $ 390   $ 408   $ 461   $  447   $  442
                                                 ========================================================

Ratio of Earnings to Fixed Charges                 2.67    1.87    1.96    1.78    1.70     3.22     3.63
                                                 ========================================================
</TABLE>

(A)  The term "earnings" shall be defined as pretax income from continuing
     operations. Add to pretax income the amount of fixed charges adjusted to
     exclude the amount of any interest capitalized during the period.

(B)  Fixed Charges represent (a) interest, whether expensed or capitalized, (b)
     amortization of debt discount, premium and expense and (c) an estimate of
     interest implicit in rentals.