alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-61006

JOSE ANGEL CARACHURI-ROSENDO

Petitioner

v.

ERIC H. HOLDER, JR., U S ATTORNEY GENERAL

Respondent

Petition For Review of an Order

of the United States Board of Immigration Appeals

ON REMAND FROM THE SUPREME COURT

OF THE UNITED STATES

Before JONES, Chief Judge, and KING and ELROD, Circuit Judges.

PER CURIAM:

The Supreme Court reversed the decision of this court in CarachuriRosendo v. Holder, No. 09-60, _____ U.S. _____, 130 S. Ct. 2577. The

consequence of the Court’s action is that this petitioner was not ineligible for

cancellation of removal based on his recidivist state misdemeanor conviction for

drug possession. Because the state did not enhance his conviction based on the

fact of a prior conviction, “he has not been ‘convicted’ under § 1229b(a)(3) of a

‘felony punishable’ as such ‘under the Controlled Substances Act,’ 18 USC

§ 924(c)(2).” Id. at _____ U.S. _____, 130 S. Ct. at 2589. Accordingly, this court

United States Court of Appeals

Fifth Circuit

F I L E D

August 6, 2010

Lyle W. Cayce

Clerk

Case: 07-61006 Document: 00511196944 Page: 1 Date Filed: 08/06/2010
No. 07-61006

must GRANT the petition for review and REMAND to the BIA for further

proceedings to adjudicate the petition for cancellation of removal.

Petition Granted; Case Remanded.

2

Case: 07-61006 Document: 00511196944 Page: 2 Date Filed: 08/06/2010
## Sextant Core Fund

**Ticker Symbol: SCORX**

**March 27, 2014**

### SUMMARY PROSPECTUS

*Before you invest, you may want to review Sextant Core Fund's prospectus, which contains more  information about the Fund and its risks. You can find the Fund's **prospectus** and other information about the  Fund, including the **statement of additional information**and most recent reports to shareowners, online at  www.sextantfunds.com/prospectus. You can also get this information at no cost by calling 1-800/SATURNA or by  sending an email request to info@saturna.com. The Fund's prospectus and statement of additional information,  both dated March 27, 2014, are incorporated by reference into this Summary Prospectus.*

----

| Sextant Core Fund | (graphic omitted) |
|-------------------|-------------------|

### Investment Objective

Long-term appreciation and capital preservation.

### Fees and Expenses

**Shareowner Fees**

There are no fees that shareowners pay directly from their investments, such as charges for purchases, redemptions, and exchanges of shares.

| **Annual Fund Operating Expenses** (expenses that you pay each year as a percentage of the value of your investment) |
|----------------------------------------------------------------------------------------------------------------------|
||
Exhibit
      32.2








**Certification
      Pursuant to 18 U.S.C. Section 1350**


**(Adopted
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)**








In
      connection with the Quarterly Report on Form 10-Q of Stratus Properties Inc.
      (the “Company”) for the quarter ending September 30, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), John E.
      Baker, as Senior Vice President & Chief Financial Officer of the Company,
      hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
      the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:





(1)  The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





(2)  The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.





Dated:  November
      9, 2007











/s/
        John E. Baker


John
      E.
      Baker


Senior
      Vice President &


Chief
      Financial Officer








A
      signed
      original of this written statement required by Section 906 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.





This
      certification shall not be deemed filed by the Company for purposes of § 18 of
      the Securities Exchange Act of 1934, as amended.
#### REPUBLIC OF CHINA et al. v. NATIONAL CITY BANK OF NEW YORK.

United States District Court S. D. New York.

Feb. 19, 1953.

Kirlin Campbell & Keating, New York City, Cletus Keating, New York City, Robert E. Kline, Jr., Washington, D.C., and Louis J. Gusmano, New York City, of counsel, for plaintiff Republic of China.

Shearman & Sterling & Wright, New York City, Chauncey B. Garver and W. Harvey Reeves, New York City, of counsel, for defendant.

IRVING R. KAUFMAN, District Judge.

The motion for leave to reargue and for leave to amend the counterclaims and for other relief is denied. The opinion in the instant case was filed on December 22, 1952, 108 F.Supp. *766.*The order of this Court dismissing the counterclaims was filed on January 9, 1953 and judgment was entered on that date. Regardless of whether Rule 9(h) of the General Rules for the Southern District of New York or Rule 59 of the Federal Rules of Civil Procedure, 28 U.S.C.A., govern the time within which this motion for reargument might be brought, it is clear that this motion is untimely. The motion for leave to amend stands in no better position than the motion for reargument for “ * * * the judgment of dismissal should be reopened before an amendment to the complaint [here a counterclaim] is granted. Such relief can be sought within ten days under Federal Rules of Civil Procedure, rule 59, 28 U.S.C.A. * * Markert v. Swift & Co., 2 Cir., 1949, 173 F.2d 517, 519. More*187over, the petitioner has filed an appeal from the judgment, so that this Court now lacks power to grant the relief sought. Daniels v. Goldberg, D.C.S.D.N.Y.1948, 8 F.R.D. 580, affirmed 2 Cir., 1949, 173 F.2d 911.

Motions denied.
#### In the Matter of Kevin Medina, Petitioner, v Thomas A. Coughlin, III, as Commissioner of New York State Department of Correctional Services, Respondent.

[609 NYS2d 733]

Determination unanimously confirmed and petition dismissed. Memorandum: The determination of respondent is supported by substantial evidence *(see generally, Matter of Perez v Wilmot,*67 NY2d 615; *People ex rel. Vega v Smith,*66 NY2d 130, 139). Petitioner’s denial of the charges presented an issue of credibility for the Hearing Officer to resolve. The Hearing Officer was entitled to credit the charging officer’s report and the testimony of another correction officer *(see, Matter of Perez v Wilmot, supra).*Petitioner further challenges the propriety of the penalty imposed. He failed to raise that issue, however, either on his administrative appeal or in his petition. Petitioner thereby failed to exhaust his administrative remedies and this Court has no discretionary power to reach that issue *(see, Matter of Nelson v Coughlin,*188 AD2d 1071, *appeal dismissed*81 NY2d 834). (Article 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Pine, J. P., Fallon, Callahan, Davis and Boehm, JJ.
----

| (1)    |   | Fully      complies with the requirements of section 13(a) or 15(d) of the Securities      Exchange Act of 1934;                                                         |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |
| (2)    |   | That      the information contained in the report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |

|                           |   |   |   |                                                 |   |   |
|--------------------------------|--------|--------|--------|------------------------------------------------------|--------|--------|
| Date:      March 20, 2008 |   | By:    |   | /s/      ANTHONY SPIER                          |   |   |
|                           |   |   |   | Anthony      Spier                                   |   |   |
|                           |   |   |   | Chairman,      President &                       |   |   |
|                           |   |   |   | Chief      Executive Officer                         |   |   |
|                           |   |   |   |                                                 |   |   |
| Date:      March 20, 2008 |   | By:    |   | /s/      JAMES F. BRACE                              |   |   |
|                           |   |   |   |                                                 |   |   |
|                           |   |   |   | James      F. Brace                                  |   |   |
|                           |   |   |   | Executive      Vice President, Secretary, Treasurer, |   |   |
|                           |   |   |   | &      Chief Financial Officer                   |   |   |

----
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 237 Introduced in House (IH)]

108th CONGRESS
  1st Session
H. RES. 237

 Honoring the life and work of Walter Sisulu, a critical leader in the 
  movement to free South Africa of apartheid, on the occasion of his 
                                 death.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2003

Ms. Lee (for herself, Mr. Lantos, Mr. Payne, and Mr. Meeks of New York) 
submitted the following resolution; which was referred to the Committee 
                       on International Relations

_______________________________________________________________________

                               RESOLUTION

 
 Honoring the life and work of Walter Sisulu, a critical leader in the 
  movement to free South Africa of apartheid, on the occasion of his 
                                 death.

Whereas Walter Sisulu, a critical leader in the movement to free South Africa of 
        apartheid, died on Monday, May 5, 2003;
Whereas Sisulu helped free both black and white people from the bondage of 
        segregation while driving home the concept of equality for all;
Whereas Sisulu, along with Nelson Mandela, was imprisoned for 26 years for his 
        role in seeking true democratic representation in South Africa;
Whereas, in 1910, the Union of South Africa established a whites only government 
        that limited voting rights and implemented South Africa's segregation 
        policy, and, in 1948, the National Party won an all-white general 
        election on a campaign promise to introduce a system of apartheid to 
        totally separate the races;
Whereas opposition to the apartheid system by the black majority was ruthlessly 
        suppressed until 1994, and during that time Sisulu fought tirelessly 
        against this policy, sacrificing his life to free black South Africans;
Whereas, after the victory over apartheid, Sisulu did not take a position in the 
        new government but instead worked in the community to advance the 
        quality of life for the average man and woman that the former government 
        had so long ignored; and
Whereas Sisulu had a vision of a united and representative government that 
        serves the needs of all its people, and dared to dream and worked to 
        build such a united and representative government: Now, therefore, be it
    Resolved, That the House of Representatives honors the life and 
work of Walter Sisulu, a critical leader in the movement to free South 
Africa of apartheid, on the occasion of his death.
                                 <all>
```
<PAGE>





                                                                    EXHIBIT 11.1

                              NATURAL WONDERS, INC.
                        COMPUTATION OF PER SHARE NET LOSS
                              (Shares in thousands)

<TABLE>
<CAPTION>

                               Quarter Ended           Nine Months Ended
                          ----------------------    -----------------------
                          October 30,  October 31,  October 30,  October 31,
                             1999         1998         1999         1998
                          -----------  -----------  -----------  -----------
<S>                       <C>          <C>          <C>          <C>
Net loss                  $ (3,884)    $ (2,996)    $(12,201)    $ (9,142)
                          ===========  ===========  ===========  ===========

Weighted average common
    shares outstanding,
    basic and diluted        7,865        7,978        7,915        8,037

Per share net loss,
    basic and diluted     $  (0.49)    $  (0.38)    $  (1.54)    $  (1.14)
                          ===========  ===========  ===========  ===========
</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains summary  financial  information  extracted from the Form
10-KSB  audited  consolidated  balance  sheet as of  December  31,  1997 and the
audited consolidated  statement of earnings for the year ended December 31, 1997
and is qualified in its entirety by reference to such financials statements.
(all numbers except earnings per share in 1,000s)
</LEGEND>
<CIK>     0000105744                        
<NAME>    Greenbriar Corporation 
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS                 
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<EXCHANGE-RATE>                                1
<CASH>                                         23
<SECURITIES>                                   0
<RECEIVABLES>                                  1,162
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               24,502
<PP&E>                                         103,634
<DEPRECIATION>                                 5,486
<TOTAL-ASSETS>                                 151,243
<CURRENT-LIABILITIES>                          21,908
<BONDS>                                        55,744
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    289
<COMMON>                                       73
<OTHER-SE>                                     62,155
<TOTAL-LIABILITY-AND-EQUITY>                   151,243
<SALES>                                        0
<TOTAL-REVENUES>                               38,979
<CGS>                                          0
<TOTAL-COSTS>                                  39,958
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             6,801
<INCOME-PRETAX>                                (10,297)
<INCOME-TAX>                                   4,115
<INCOME-CONTINUING>                            (6,182)
<DISCONTINUED>                                 475
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (5,707)
<EPS-PRIMARY>                                  (.92)
<EPS-DILUTED>                                  0
        


</TABLE>
**Exhibit 31.1**

 

CERTIFICATION

 

I, TimBurroughs, certify that:

 

(1)          I have reviewed this Annual Report on Form 10-KSBof TBX Resources, Inc.;

 

(2)          Based on my knowledge, this annual report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this annual report;

 

(3)          Based on my knowledge, the financial statements, andother financial information included in this annual report, fairly present inall material respects the financial condition, results of operations and cashflows of the Registrant as of, and for, the periods presented in this annualreport;

 

(4)          The Registrant’s other certifying officers and Iare responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for theRegistrant and we have:

 

(a)          Designed such disclosure controls and proceduresto ensure that material information relating to the Registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this annual report is being prepared

 

(b)         Evaluated the effectiveness of the Registrant’sdisclosure controls and procedures as of a date within 90 days prior to thefiling of this annual report (“Evaluation Date”); and

 

(c)          Presented in this annual report our conclusionsabout the effectiveness of the disclosure controls and procedures based on ourevaluation as of the Evaluation Date:

 

(5)          The Registrant’s other certifying officers and Ihave disclosed, based on our most recent evaluation, to the Registrant’sauditors and the Audit Committee of the Registrant’s Board of Directors (orpersons performing the equivalent function):

 

(a)          All significant deficiencies in the design oroperation of internal controls, which could adversely affect the Registrant’sability to record, process, summarize and report financial data and haveidentified for the Registrant’s auditors any material weaknesses in internalcontrols; and

 

(b)         Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the Registrant’sinternal controls; and

 

(6)          The Registrant’s other certifying officers and Ihave indicated in this annual report whether or not there were significantchanges in internal controls or in other factors that could significantlyaffect internal controls subsequent to the date of the most recent evaluation,including any corrective actions with regard to significant deficiencies andmaterial weaknesses.

 

Dated this 16thday of March 2004

 
| /s/ Tim Burroughs                                    |   |
|------------------------------------------------------|--------|
| Tim Burroughs                                        |
| Chief Executive Officer and Chief Financial  Officer |

 

----
Exhibit 21.1
  Subsidiary Name
    


State of IncorporationKentucky Criterion Coal Company
    
    
    DelawareWEI  Ft. Lupton, Inc. 4
    
    
    DelawareWEI  Rensselaer, Inc. 4
    
    
    DelawareWEI  Roanoke Valley, Inc. 4
    
    
    DelawareWestmoreland Coal Sales Company, Inc.
    
    
    DelawareWestmoreland Energy LLC
    
    
    DelawareWestmoreland Resources, Inc.
    
    
    DelawareWestmoreland Terminal Company
    
    
    DelawareWestmoreland  Ft. Drum, Inc. 4
    
    
    DelawareCriterion Coal Company
    
    
    DelawareEastern Coal and Coke Company
    
    
    PennsylvaniaWestmoreland Savage Corporation 1
    
    
    DelawareWestmoreland Mining LLC
    
    
    DelawareDakota Westmoreland Corporation 1
    
    
    DelawareWestern Energy Company 1
    
    
    MontanaTexas Westmoreland Coal Co. 1
    
    
    MontanaWestmoreland Risk Management, Ltd.
    
    
    BermudaBasin Resources, Inc.
    
    
    ColoradoWestmoreland Power, Inc.
    
    
    DelawareWestmoreland  Roanoke Valley, L.P. 6
    
    
    DelawareWestmoreland  North Carolina Power, LLC 4
    
    
    VirginiaWestmoreland Utility Operations, LLC 5
    
    
    VirginiaWRI Partners, Inc. 2
    
    
    DelawareAbsaloka Coal, LLC 3
    
    
    Delaware
 
 1
    
    Wholly owned subsidiary of Westmoreland Mining LLC2
    
    Wholly owned subsidiary of Westmoreland Resources, Inc.3
    
    Subsidiary of WRI Partners, Inc.4
    
    Wholly owned subsidiary of Westmoreland Energy LLC5
    
    Wholly owned subsidiary of Westmoreland Power, Inc.6
    
    Majority-owned subsidiary of Westmoreland Energy LLC
[No. 54957-0-I.

Division One.

November 14, 2005.]

#### The State of Washington, *Respondent,*v. Brian Vincent Nichols, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 03-1-03927-2, Paris K. Kallas, J., entered September 13, 2004. *Affirmed*by unpublished per curiam opinion.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 197 Reported in House (RH)]

                                                  House Calendar No. 26
108th CONGRESS
  1st Session
H. RES. 197

                          [Report No. 108-75]

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2003

   Mrs. Myrick, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION

 
   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

    Resolved, That the requirement of clause 6(a) of rule XIII for a 
two-thirds vote to consider a report from the Committee on Rules on the 
same day it is presented to the House is waived with respect to any 
resolution reported on the legislative day of April 12, 2003, providing 
for consideration or disposition of a conference report to accompany 
the bill (H.R. 1559) making emergency wartime supplemental 
appropriations for the fiscal year ending September 30, 2003, and for 
other purposes.

                                                  House Calendar No. 26

108th CONGRESS

  1st Session

                              H. RES. 197

                          [Report No. 108-75]

_______________________________________________________________________

                               RESOLUTION

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

_______________________________________________________________________

                             April 11, 2003

        Referred to the House Calendar and ordered to be printed
```
#### CHRIMAR SYSTEMS, INC. (doing business as CMS Technologies, Inc.), Plaintiff-Appellant, v. FOUNDRY NETWORKS, INC., Defendant-Appellee.

No. 2012-1641.

United States Court of Appeals, Federal Circuit.

April 4, 2013.

Richard W. Hoffmann, Reising Ething-ton PC, of Troy, MI, argued for plaintiff-appellant.

Neal Kumar Katyal, Hogan Lovells US, LLP, of Washington, DC, argued for the defendant-appellee. With him on the brief were Frederick Liu; K.T. Cherian and Constance F. Ramos, of San Francisco, CA. Of counsel was Elizabeth Barchas Prelogar, of Washington, DC.

NEWMAN, DYK, and PROST, Circuit Judges.

JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is

Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.