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

San Antonio, Texas

DISSENTING OPINION

No. 04-16-00168-CV

LABORDE PROPERTIES, L.P., and Laborde Management, LLC, 

Appellants

v.

U.S. SHALE ENERGY II, LLC, Raymond B. Roush, 

Ruthie Roush Dodge, and David E. Roush, 

Appellees

From the 218th Judicial District Court, Karnes County, Texas

Trial Court No. 16-02-00049-CVK

Honorable Russell H. Wilson, Judge Presiding

OPINION DISSENTING TO THE DENIAL OF APPELLEES’

MOTION FOR EN BANC RECONSIDERATION

Dissenting Opinion by: Luz Elena D. Chapa, Justice

Sitting en banc: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Jason Pulliam, Justice

Delivered and Filed: December 28, 2016

The panel opinion gives no effect to the deed’s reservation of “an undivided one-half (1/2)

interest” in “the” royalty and fails to adhere to longstanding harmonization principles. The panel 

opinion also misapplies the estate misconception theory by holding the theory supports finding a 

fixed interest. As a result of misinterpreting the deed’s reservation, the panel opinion conflicts with 
Dissenting Opinion 04-16-00168-CV 

- 2 -

prior decisions of this court, the Supreme Court of Texas, and other courts of appeals. E.g., Hysaw 

v. Dawkins, 483 S.W.3d 1, 12 (Tex. 2016); Graham v. Prochaska, 429 S.W.3d 650 (Tex. App.—

San Antonio 2013, pet. denied); Coghill v. Griffith, 358 S.W.3d 834, 840 (Tex. App.—Tyler 2012, 

pet. denied); Hausser v. Cuellar, 345 S.W.3d 462 (Tex. App.—San Antonio 2011, pet. denied) 

(op. on en banc reh’g). Because the panel opinion creates title uncertainty and will likely generate 

future title disputes, en banc reconsideration is necessary. See TEX. R. APP. P. 41.2(c). I therefore 

respectfully dissent. 

Luz Elena D. Chapa, Justice
#### Thomas A. BANUS, on behalf of himself and all others similarly situated, et al., Plaintiffs-Appellants, v. CITIGROUP GLOBAL MARKETS, INC., formerly known as Salomon Smith Barney Holdings Inc., et al., Defendants-Appellees.*

No. 10-2189-cv.

United States Court of Appeals, Second Circuit.

May 20, 2011.

Mark R. Thierman (Leon Greenberg, on the brief), Las Vegas, NV, for Plaintiffs-Appellants.

Samuel S. Shaulson, Morgan, Lewis & Bockius LLP, New York, NY, for Defendants-Appellees.

Present: JOSÉ A. CABRANES, CHESTER J. STRAUB, REENA RAGGI, Circuit Judges.

*

 The Clerk of Court is requested to amend the official caption to read as shown above.

SUMMARY ORDER

Plaintiffs Thomas Banus, Brent Bishop, Navid Alipour, Aníbal Drelichman, Guido Alvarez, and Robert Guisti (collectively, “plaintiffs”) are former financial consultants for defendant Citigroup Global Markets, Inc. (“defendant”). This action arises from a dispute regarding promissory notes signed by plaintiffs, and arbitration of that dispute conducted before the Financial Industry Regulatory Authority (“FINRA”). Plaintiffs appeal a series of decisions by the District Court (a) dismissing plaintiff Banus’s- request to have the arbitration award set aside and (b) dismissing plaintiffs’ various claims for relief for failure to state a claim upon which relief can be granted. We assume the parties’ familiarity with the facts and procedural history of this case and we review *de novo*a district court’s grant of judgment under Federal Rule of Civil Procedure 12(b)(6). *See Strougo v. Bassini,*282 F.3d 162, 167 (2d Cir.2002).

In its careful Memorandum Opinion of April 23, 2010, the District Court explained that the question of whether FINRA Rule 13204 barred the arbitration panel from hearing claims against Banus was a procedural question which, under the arbitration agreement signed by the parties, was properly decided by arbitrators and dismissed plaintiffs’ remaining claims for relief on the alternative grounds that (1) plaintiffs were bound by a valid arbitration agreement and (2) plaintiffs failed to state a claim. *See Banus v. Citigroup Global Mkts., Inc.,*No. 09 Civ. 7128(LAK), 2010 WL 1643780 (S.D.N.Y. Apr.23, 2010). For substantially the reasons offered by the *54District Court, we affirm the judgment as to all claims.

*CONCLUSION*

We have reviewed the record and, for the reasons stated above, the judgment of the District Court is AFFIRMED.
#### UNITED STATES of America, Plaintiff-Appellee, v. James H. SANDERS, Defendant-Appellant.

No. 07-15437.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 14, 2008.

Filed May 1, 2008.

*604Thomas E. Flynn, Esq., USSAC — Office of the U.S. Attorney, Sacramento, CA, for Plaintiff-Appellee.

James E. Friedhofer, Hatch & Parent, San Diego, CA, for Defendant-Appellant.

Before: SCHROEDER, NOONAN and CALLAHAN, Circuit Judges.

MEMORANDUM *

James H. Sanders, a former federal prisoner, appeals from the district court’s denial of his petition for a writ of error coram nobis. Sanders challenges his 1996 conviction for mail fraud. We previously affirmed his conviction. *See United, States v. Sanders,*No. 97-10056, 1999 WL 439415, at **2*(9th Cir. June 22, 1999) (unpublished disposition).

His principal contention is that the district court erred by changing the date on the copy of the superseding indictment to the date his trial ended. Both the original superseding indictment and the indictment with the date changed included charges that were dismissed during his trial.

To warrant coram nobis relief, the petitioner must satisfy four requirements, including a showing that fundamental error occurred in the proceedings and that there are valid reasons why the petitioner did not act to attack the conviction earlier. *See Hirabayashi v. United States,*828 F.2d 591, 604 (9th Cir.1987). Sanders cannot show any fundamental error arising out of the indictment because all participants in the proceedings, including the defendant, counsel, judge, and jury, understood the charges that the defendant faced when the case went to the jury. There was no error in the jury instructions. The erroneous date on the document, which should have shown the date the trial began rather than the date the verdict was returned, had no bearing on this court’s decision in the first appeal. While it is a fundamental constitutional principle under the Sixth Amendment that a defendant must be apprised of the charges that he faces, and the jury also must be properly apprised of those charges, *see United States v. Goldberg,*455 F.2d 479, 480 (9th Cir.1972), the mistake that was made here was purely clerical.

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 35.1

  [LOGO]
HOME LOAN
 SERVICES

GS Mortgage Securities Corp.
Attn: Principal Finance Group/Christopher M. Gething
85 Broad Street
New York, NY 10004

GS Mortgage Securities Corp.
Attn: Asset Management Group/Senior Asset Manager
85 Broad Street
New York, NY 10004

Deutsche Bank National Trust Company as Trustee
Attention: Corporate Trust
1761 East St. Andrews Place
Santa Ana, CA 92705-4934

Re: FFMLT Trust 2006-FF4 (the "Trust") Mortgage Pass-Through Certificates,
Series 2006-FF4, issued pursuant to section 3.22 of the Pooling and Servicing
Agreement, dated as of March 1, 2006 (the "Pooling and Servicing Agreement"),
among GS Mortgage Securities Corp., as depositor (the "Depositor"), Home Loan
Services, Inc. f/k/a National City Home Loan Services, Inc., as servicer
("HLS"), and Deutsche Bank National Trust Company, as trustee (the "Trustee")

The undersigned Officer certifies the following for the year 2006 ending on
December 31, 2006:

      (i)   a review of the activities of the Servicer during the preceding
            calendar year and of performance under this Agreement has been made
            under such officer's supervision, and

      (ii)  to the best of such officers' knowledge, based on such review, the
            Servicer has fulfilled all of its obligations under this Agreement
            throughout such year.


Certified by:

Home Loan Services, Inc., f/k/a National City Home Loan Services, Inc.

/s/ Steven A. Baranet
---------------------
Steven A. Baranet
Vice President
March 1, 2007

Loan Services
P.O. Box 1838
Pittsburgh, PA 15230-1838

[LOGO] Merrill Lynch
Home Loan Services is a subsidiary
of Merrill Lynch Bank and Trust Co., FSB

                                                                      [LOGO]
                                                                   EQUAL HOUSING
                                                                      LENDER

                                                                      LENDER
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Page 51218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23950]



[[Page 51218]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35).
    Agency: National Oceanic and Atmospheric Administration (NOAA).
    Title: Annual Northern Seal Subsistence Harvest Reporting and St. 
George Harvest Management Plan.
    OMB Control Number: 0648-0699.
    Form Number(s): None.
    Type of Request: Regular (extension of a currently approved 
information collection).
    Number of Respondents: 2.
    Average Hours per Response: 20.
    Burden Hours: 40.
    Needs and Uses: The subsistence harvest of northern fur seals is 
cooperatively managed by the National Oceanic and Atmospheric 
Administration's (NOAA) National Marine Fisheries Service (NMFS) and 
the Tribal Governments of St. Paul and St. George Islands (Pribilof 
Islands) under section 119 of the Marine Mammal Protection Act, 16 
U.S.C. 1388 (MMPA) and governed by regulations under section 102 of the 
Fur Seal Act, 16 U.S.C. 1152 (FSA) found in 50 CFR part 216 subpart F, 
Taking for Subsistence Purposes. The regulations, laws, and cooperative 
agreement are focused on conserving northern fur seals through 
cooperative effort and consultation regarding effective management of 
human activities related to the subsistence harvests of northern fur 
seals and Steller sea lions.
    Affected Public: State, local and tribal governments; individuals 
or households.
    Frequency: Annually.
    Respondent's Obligation: Required to obtain or retain benefit.
    This information collection request may be viewed at reginfo.gov. 
Follow the instructions to view Department of Commerce collections 
currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to <a href="/cdn-cgi/l/email-protection#054a4c57445a567067686c76766c6a6b456a68672b606a752b626a73"><span class="__cf_email__" data-cfemail="26696f7467797553444b4f55554f494866494b440843495608414950">[email protected]</span></a> or fax to (202) 395-5806.

    Dated: October 31, 2017.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2017-23950 Filed 11-2-17; 8:45 am]
BILLING CODE 3510-22-P


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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-20339

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GERARD MONTEZ EASILEY, also known as Gerard M. Easiley, also known 

as Montez Easiley,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:13-CR-662-1

Before DENNIS, PRADO, and OWEN, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Gerard Montez Easiley has moved 

for leave to withdraw and has filed a brief in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Easiley has not filed a response. We have reviewed counsel’s brief 

and the relevant portions of the record reflected therein. We concur with 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

December 20, 2016

Lyle W. Cayce

Clerk

 Case: 15-20339 Document: 00513804218 Page: 1 Date Filed: 12/20/2016
No. 15-20339

2

counsel’s assessment that the appeal presents no nonfrivolous issue for 

appellate review. Accordingly, counsel’s motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 15-20339 Document: 00513804218 Page: 2 Date Filed: 12/20/2016
---

Exhibit 99.8

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Augusta Resource
Corporation (the Company) on Form 40-F/A for the period ended December 31,
2011 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Gilmour Clausen, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. §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 this Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.

April 4, 2012
    /s/
  Gilmour ClausenGilmour ClausenChief Executive Officer


A signed original of this written statement required by Section
906 has been provided to Augusta Resource Corporation and will be retained by
Augusta Resource Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.

---
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#### James C. PLATTS, Petitioner-Appellant, v. Terry O’BRIEN, Warden, Respondent-Appellee.

No. 13-7486.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 21, 2013.

Decided: Nov. 26, 2013.

James C. Platts, Appellant Pro Se.

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James C. Platts, a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp.2013) petition. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Platts v. O’Brien,*No. 5:13-cv-00061-FPS-DJJ, 2013 WL 4785987 (N.D.W.Va. Sept. 6, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*
FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

Foreign NVOCC Registration Terminations/Suspensions

March 31, 2020

A & T FREIGHT MANAGEMENT PTE LTD.

Org No.: 017541

Address: Blk 511, Kampong Bahru Road, #04-03, Keppel Distripark

Singapore 099447

Singapore

Termination: March 29, 2020

Reason: Failed to maintain a valid bond

CML SUPPLY CHAIN MANAGEMENT CO., LTD.

Org No.: 026542

Address: 2/F, CML Tower, No.169 Shenzhen Rd, Laoshan District

Qingdao, China

Termination: March 12, 2020

Reason: Failed to maintain a valid bond

COMMITTED LOGISTICS (INDIA) PVT. LTD.

Org No.: 025521

Address: A-13, Okhla Industrial Area, Phase 1

New Delhi 110020 India

Termination: March 29, 2020

Reason: Failed to maintain a valid bond

DALIAN EVER SAFE INTERNATIONAL LOGISTICS CO., LTD.

Org No.: 027744

Address: Room 2404, 4K Wuwu Road

Zhongshan District, Liaoning Province

Dalian 116001 China

Termination: March 28, 2020

Reason: Failed to maintain a valid bond

DIRSOON LOGISTICS CO., LTD.

Org No.: 027684

Address: Room 707, Building 1, Aijia International Mansion

No. 288 Wuhua Road

Shanghai 20086 China

Termination: March 28, 2020

Reason: Failed to maintain a valid bond
EXCEL Sea International Logistics Co., Ltd.

Org No.: 026467

Address: Room 2101, No. 228, Ningguo Road

Shanghai China

Termination: March 2, 2020

Reason: Failure to renew

FAR EAST SHIPPING CO., LTD.

Org No.: 027161

Address: Room 2101-B, Golden Building, Tianbao Plaza

Qingdao 266100 China

Surrendered: March 4, 2020

Reason: Voluntary surrender

FEILI LOGISTICS (SHENZHEN) CO., LTD 

Org No.: 027716

Address: 5/F, Zhongbao Logistics Bldg., No. 28 Taohua Rd. FFTZ

Shenzhen 518000 China

Termination: March 28, 2020

Reason: Failed to maintain a valid bond

JOINT TARGET LIMITED

Org No.: 020706

Address: Unit 4, 17/F., Seapower Centre, No. 73-77 Lei Muk Road

Kwai Chung, Hong Kong

Termination: March 26, 2020

Reason: Failed to maintain a valid bond

NTG AIR & OCEAN 

Org No.: 027619

Address: Hammerholmen 47-49

Hvidovre 2650 Denmark

Surrendered: December 27, 2019

Reason: Voluntary surrender

PGA TRADING & SHIPPING INC. 

Org No.: 022591

Address: 2985 Drew Road, Suite 216

Mississauga, Ontario L4T 0A4, Canada

Termination: March 27, 2020

Reason: Failed to maintain a valid bond
SHANGHAI GREEN CHANNEL LOGISTICS CO., LTD. 

Org No.: 026013

Address:Unit A, 9/F, Gold Beach Buildng, #908 East Da Ming Road

Shanghai 200080 China

Surrendered: March 1, 2020

Reason: Voluntary surrender

SME LOGISTICS JSC 

Org No.: 027612

Address: 51 Le Dai Hanh, Le Dai Hanh Ward

Hai Ba Trung District

Hanoi 100000 Vietnam

Surrendered: February 14, 2020

Reason: Voluntary surrender

YIFAN SHIPPING CO. 

Org No.: 023917

Address: Room 604, Shenneng Building, 

Middle Fuxing Road, No. 1, Huangpu District

Shanghai China

Termination: March 27, 2020

Reason: Failed to maintain a valid bond

ZEPHYR LOGISTICS (SHANGHAI) LTD. 

Org No.: 026585

Address: 111 Enterprise Square, No. 228 Meiyuan Road

Shanghai 2000070 China

Termination: March 16, 2020

Reason: Failed to maintain a valid bond
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Page 51227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23984]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket DARS-2017-0007; OMB Control Number 0704-0248]


Submission for OMB Review; Comment Request

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD)

ACTION: Notice.

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

SUMMARY: The Defense Acquisition Regulations System has submitted to 
OMB for clearance, the following proposal for collection of information 
under the provisions of the Paperwork Reduction Act.

DATES: Consideration will be given to all comments received by December 
4, 2017.

SUPPLEMENTARY INFORMATION: 
    Title, Associated Form, and OMB Number: Defense Federal Acquisition 
Regulation Supplement (DFARS), Appendix F, Material Inspection and 
Receiving Report; OMB Control Number 0704-0248.
    Type of Request: Revision of a currently approved collection.
    Affected Public: Businesses or other for-profit and not-for profit 
institutions.
    Respondent's Obligation: Required to obtain or retain benefits.
    Reporting Frequency: On occasion.
    Number of Respondents: 153,000.
    Responses per Respondent: 18, approximately.
    Annual Responses: 2,800,000.
    Average Burden per Response: .05 hours (3 minutes).
    Annual Burden Hours: 140,000 hours.
    Needs and Uses: The collection of this information is necessary to 
process shipping and receipt documentation for goods and services 
provided by contractors and permit payment under DoD contracts.
    OMB Desk Officer: Ms. Jasmeet Seehra.
    Comments and recommendations on the proposed information collection 
should be sent to Ms. Jasmeet Seehra, DoD Desk Officer, at 
<a href="/cdn-cgi/l/email-protection#d699bfa4b789a5a3b4bbbfa5a5bfb9b896b9bbb4f8b3b9a6f8b1b9a0"><span class="__cf_email__" data-cfemail="5a1533283b05292f38373329293335341a353738743f352a743d352c">[email protected]</span></a>. Please identify the proposed information 
collection by DoD Desk Officer and the Docket ID number and title of 
the information collection.
    You may also submit comments, identified by docket number and 
title, by the following method:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    DoD Clearance Officer: Mr. Frederick C. Licari.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Licari at: WHS/ESD Directives Division, 4800 Mark 
Center Drive, 2nd Floor, East Tower, Suite 03F09, Alexandria, VA 22350-
3100.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2017-23984 Filed 11-2-17; 8:45 am]
BILLING CODE 5001-06-P


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