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

San Antonio, Texas

November 17, 2020

No. 04-20-00393-CV

SEGUNDO NAVARRO DRILLING, LTD., Lewis Petro Properties, Inc. and BP America 

Production Company,

Appellants

v.

JUAN SALINAS RANCH, LTD.,

Appellee

From the 111th Judicial District Court, Webb County, Texas

Trial Court No. 2013CV7000614D2

Honorable Monica Z. Notzon, Judge Presiding

O R D E R

The court has considered appellants’ petition for a permissive appeal of an interlocutory 

summary judgment order, appellee’s response, and appellants’ reply, as well as the appellate 

record. We conclude that the order to be appealed (1) involves a controlling question of law as 

to which there is substantial ground for difference of opinion, to wit: “whether the Lease is 

perpetuated through production in paying quantities as a matter of law irrespective of whether a 

breach of Article VI of the Lease occurred,” and (2) an immediate appeal from the order may 

materially advance the ultimate termination of the litigation. See TEX. CIV. PRAC. & REM. CODE 

ANN. § 51.014(d); see also TEX. R. APP. P. 28.3. Accordingly, we GRANT appellants’ petition 

for permission to appeal from the trial court’s interlocutory order signed on July 21, 2020 with 

respect to the designated question of law. A notice of appeal is deemed to have been filed by 

appellants on the date of this order and the appeal will proceed as an accelerated appeal. See

TEX. R. APP. P. 28.3(k).

The motions for extension of time by appellants to file the petition for permissive appeal

and by appellee to file a response, and the motion for leave by appellee to file an amended 

response are GRANTED. See TEX. R. APP. P. 28.3(d).

The Clerk of this Court is instructed to file a copy of this order with the District Clerk of

Webb County, Texas, and to serve a copy of this order on the trial court, the court reporter, and 

counsel for all parties. See TEX. R. APP. P. 28.3(k).
The appellants’ brief is due to be filed in this court no later than twenty (20) days from 

the date of this order.

_________________________________

Liza A. Rodriguez, Justice

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

court on this 17th day of November, 2020.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
#### The People of the State of New York, Respondent, v Raymond Williamson, Also Known as Randolph Williamson, *618Appellant.

[864 NYS2d 378]

Judgment, Supreme Court, Bronx County (Robert G. Seewald, J.), rendered on or about October 25, 2007, unanimously affirmed. No opinion. Order filed. Concur—Lippman, P.J., Tom, Williams, McGuire and Freedman, JJ.
Exhibit





Exhibit 10.2.2





[LETTERHEAD OF AMERICAN WATER]


1025 Laurel Oak Road
Voorhees, NJ 08043




February 15, 2018


Mr. Loyd Warnock
12053 Leighton Court
Carmel, IN  46032


Dear Mr. Warnock: 


This letter agreement amends the “Amended and Restated Employment Letter Agreement,” dated May 2, 2014.  Specifically, the subsection titled “LTIP Grants Issued in 2018 and 2019,” is now amended as follows:  


LTIP Grants Issued in 2018, 2019 and 2020


So long as the Compensation Committee approves LTIP grants to eligible employees in 2018, 2019 and 2020, any grants made to you pursuant to the Company’s LTIP in these years shall vest on January 1, 2021.  




Your signature below indicates your acceptance of this amendment. Please let me know if you have any questions or concerns.




Regards,


/s/ Susan N. Story




By my voluntary and knowing signature below, I, Loyd Warnock, certify that I completely read and understand this document.  I further understand that my employment remains “at will,” which means that I am not guaranteed employment or any particular job for any specified period of time.  The Company or I may terminate my employment at any time, for any or no reason, with or without cause.
 
 	
			
	/s/ Loyd Warnock
	 
	4/25/2018

	Signature: Loyd Warnock
	 
	Date
<PAGE>

EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 accompanying Annual Report on Form 10-KSB for the
period ended June 30, 2003 (the "Report") of Ingen Technologies, Inc. (formerly
known as Creative Recycling Technologies, Inc.), a Georgia corporation (the
"Company"), I, Thomas J. Neavitt, Chief Financial Officer of the Company, hereby
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

     (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: May 22, 2007                    /s/ Thomas J. Neavitt
                                       ---------------------
                                       Thomas J. Neavitt
                                       Chief Financial Officer
Second Amendment to
                    Certificate of Limited Partnership of
               Geodyne Energy Income Limited Partnership III-B

     The  undersigned,  desiring to amend its amended  certificate  of limited
partnership  pursuant to the Oklahoma Revised Uniform Limited Partnership Act,
as amended,  Okla.  Stat. tit. 54 (1993),  Section 301 et seq (the "Act"),  do
hereby state:

     1.   The  name  of the  limited  partnership  is  Geodyne  Energy  Income
Limited Partnership III-B.

     2. The date of filing of the original  Certificate  of Limited  Partnership
was  January 25,  1990,  as amended by the First  Amendment  to  Certificate  of
Limited  Partnership of Geodyne Energy Income Limited Partnership III-B filed on
February 25, 1993.

     3. The Amended  Certificate  of Limited  Partnership  is hereby  revised to
change  the name of the  General  Partner  and  Registered  Agent  from  Geodyne
Production Company to the following:

            Geodyne Resources, Inc.

Geodyne Production  Company merged with Geodyne Resources,  Inc., with Geodyne
Resources, Inc. surviving, effective June 30, 1996.

     DATED:    July 1, 1996

                                       Geodyne Production Company
                                        by Geodyne Resources, Inc.,
                                        successor by merger

                                        By:  /s/ Dennis R. Neill
                                             ---------------------------
                                             Dennis R. Neill
                                             President

                                       Geodyne Resources, Inc.
                                        as General Partner

                                        By:  /s/ Dennis R. Neill
                                             ---------------------------
                                             Dennis R. Neill
                                             President



                                      -1-
<PAGE>




                                       Geodyne Depositary Company, as the
                                       Limited Partner

                                       By:   /s/ Dennis R. Neill
                                             ---------------------------
                                             Dennis R. Neill
                                             President

                                       Geodyne Resources, Inc., as
                                       Attorney-in-Fact for all Substituted
                                       Limited Partners

                                       By:   /s/ Dennis R. Neill
                                             ---------------------------
                                             Dennis R. Neill
                                             President


                                      -2-
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
consolidated balance sheet and the consolidated starement of operations and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              mar-31-1997
<PERIOD-END>                                   sep-30-1997
<CASH>                                         517,324
<SECURITIES>                                   0
<RECEIVABLES>                                  892,885
<ALLOWANCES>                                   0
<INVENTORY>                                    798,315
<CURRENT-ASSETS>                               2,340,263
<PP&E>                                         113,575
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 2,598,648
<CURRENT-LIABILITIES>                          1,547,057
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    2,030
<COMMON>                                       171
<OTHER-SE>                                     432,108
<TOTAL-LIABILITY-AND-EQUITY>                   2,598,648
<SALES>                                        1,154,748
<TOTAL-REVENUES>                               1,154,748
<CGS>                                          569,497
<TOTAL-COSTS>                                  3,607,832
<OTHER-EXPENSES>                               (1,042,186)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             19,683
<INCOME-PRETAX>                                (4,084,450)
<INCOME-TAX>                                   1,096
<INCOME-CONTINUING>                            (4,085,546)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (4,085,546)
<EPS-PRIMARY>                                  (2.39)
<EPS-DILUTED>                                  (2.39)
        


</TABLE>
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Page 47015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21684]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the NHLBI Special Emphasis Panel.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel; Stem Cell--Derived Blood Products.
    Date: October 24, 2017.
    Time: 11:00 a.m. to 1:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Rockledge Drive, Room 
7198, Bethesda, MD 20892, (Telephone Conference Call).
    Contact Person: Kristin Goltry, Ph.D., Scientific Review 
Officer, Office of Scientific Review/DERA, National Heart, Lung, and 
Blood Institute, 6701 Rockledge Drive, Room 7198, Bethesda, MD 
20892, 301-435-0297, <a href="/cdn-cgi/l/email-protection#9cfbf3f0e8eee5f7f0dcf1fdf5f0b2f2f5f4b2fbf3ea"><span class="__cf_email__" data-cfemail="9ff8f0f3ebede6f4f3dff2fef6f3b1f1f6f7b1f8f0e9">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: October 3, 2017.
Michelle Trout,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2017-21684 Filed 10-6-17; 8:45 am]
BILLING CODE 4140-01-P


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#### In the Matter of the Claim of Seymur Mammedov, Appellant. Commissioner of Labor, Respondent.

[988 NYS2d 85]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 15, 2013, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Decision affirmed. No opinion.

Lahtinen, J.E, McCarthy, Rose, Lynch and Clark, JJ., concur.

Ordered that the decision is affirmed, without costs.
ERNST & YOUNG

                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333- 82959) of Vizacom, Inc. (the "Company") pertaining to the Company's
1994 Long Term Incentive  Plan, the Company's  Registration  Statement (Form S-8
No.  333-82951)  pertaining to the Company's  Outside Director and Advisor Stock
Option Plan,  the  Company's  Registration  Statement  (Form S-3 No.  333-55677)
pertaining to 2,107,712  shares of the Company's Common Stock and 29,267 options
to purchase  shares of the Company's  Common Stock,  the Company's  Registration
Statement  (Form  S-3  No.  333-80181  pertaining  to  3,375,877  shares  of the
Company's  Common Stock and 167,052 warrants to purchase shares of the Company's
Common Stock,  the Company's  Registration  Statement  (Form S-3 No.  333-93087)
pertaining to 1,938,191  shares of the Company's  Common Stock and the Company's
Registration  Statement (Form S-3 No. 333-34950)  pertaining to 5,413,231 shares
of the Company's Common Stock, of our Report dated March 27, 2000,  except as to
Note 1 Accounting Policies, Fundamental accounting concept, as to which the date
is January 26, 2001, with respect to the financial  statements of Serif (Europe)
Limited,  included in the  Company's  amendment  on Form  10-KSB/A to its Annual
Report on Form  10-KSB  for the year ended  December  31,  1999,  filed with the
Securities and Exchange Commission.


                                                   /s/ Ernst & Young
                                                  Ernst & Young

Nottingham, England
January 26, 2001
**EXHIBIT 9**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

To the Board of Directors of Minefinders Corporation. 

We consent to the inclusion in this annual report on Form 40-F/A of: 

| ─ | our auditors' report dated February 20, 2009 on the consolidated balance sheet of Minefinders Corporation Ltd. ("the Company") as at December 31, 2008 and the consolidated statements of operations and comprehensive loss, shareholders’ equity and cash flows for the year ended December 31, 2008 |
|---------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| ─ | our Report of Independent Registered Public Accounting Firm dated February 20, 2009 on the Company’s internal control over financial reporting as of December 31, 2008 |
|---------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

each of which is contained in this annual report on Form 40-F/A of the Company for the fiscal year ended December 31, 2008. 

 

We also consent to the incorporation by reference in the registration statements (Nos. 333-103893, 333-108001, 333-111255, and 333-117611) on Form S-8 and (Nos. 333-138709 and 333-155590) on Form F-10 of the Company of our reports dated February 20, 2009 with respect to the consolidated balance sheet of the Company as at December 31, 2008 and the consolidated statements of operations and comprehensive        loss, shareholders’ equity and cash flows for the year ended December 31, 2008, and the effectiveness of internal controls over financial reporting as of December 31, 2008, included herein. 

 

 

/s/ KPMG LLP

Chartered Accountants 

Vancouver, Canada

June 8, 2009

 

----
* 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 September 8, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51681 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARIO GONZALEZ-SANCHEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:04-CR-949-ALL

-------------------- Before KING, GARWOOD, and JOLLY, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Mario GonzalezSanchez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION FOR REHEARING

Appellate case name: Benedict Chinonso Emesowum v. The State of Texas

Appellate case number: 01-14-00116-CR

Trial court case number: 1849562

Trial court: County Criminal Court of Law No. 10 of Harris County

Date motion filed: August 10, 2015

Party filing motion: Appellant

It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Harvey Brown

  Acting individually  Acting for the Court

Panel consists of: Justices Jennings, Bland, and Brown

Date: August 18, 2015
<PAGE>   1
                                                                   EXHIBIT 10.28

                  AMENDMENT NO. 2 TO EMPLOYEE STOCK OPTION PLAN

WHEREAS, the Board of Directors of CyberGuard Corporation ("Corporation") is
responsible for administering, interpreting, and amending the Corporation's 1998
Employee Stock Option Plan that was initially adopted and approved on September
4, 1998 ("Plan"); and

WHEREAS, the Board of Directors has determined that it would be in the best
interests of the Corporation to amend the Plan to provide for acceleration of
exercisability of all Options, other than the Options issued by the Corporation
as part of the options exchange program on September 4, 1998, in the event of
"Change of Control" (as defined in the Plan);

NOW THEREFORE, pursuant to Section 11 of the Plan, the Board of Directors of the
Corporation has approved the following amendment ("Amendment") to the terms of
the Plan, and such Amendment shall become effective February 11, 2000:

         1.       Section 5.1 of the Plan, STOCK OPTION-GRANTS, is hereby
                  amended by adding the following sentence at the end of Section
                  5.1:

                           "Except for the Options issued by the Corporation
                           under this Plan as part of the options exchange
                           program on September 4, 1998, all Options issued
                           under this Plan shall become immediately exercisable
                           upon occurrence of a Change of Control."
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 December 21, 2016

p1214

Order 

Clerk

December 21, 2016

153976

ALBERT KOSIS,

Plaintiff-Appellee, 

v SC: 153976

COA: 326211

Wayne CC: 13-015060-NO

CITY OF LIVONIA,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 12, 2016 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
Exhibit 31.1



Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002



I, Yin Jian Ping, the Chief Executive Officer of Asia Premium Television Group, Inc. (the Company), certify that:



1. I have reviewed this annual report on Form 10-KSB of the Company;



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 annual 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 annual report;



4. As certifying officer, I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and I have:



a) designed such disclosure controls and procedures 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 annual report is being prepared;



b) evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this annual report (the Evaluation Date); and



c) presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



5. As certifying officer, I have disclosed, based on my most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent function):



a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and



b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and



6. I have indicated in this annual report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





Date:

August 19, 2003



/s/Yin Jian Ping

Yin Jian Ping

Chief Executive Officer