alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### SERVE D SEPTEMBE R 30 , 200 5

U.S . DEPARTMEN T O FTRANSPORTATIO N

OFFIC E O FHEARING S WASHINGTON , D C I N TH E MATTE RO F 

### THOMA S LYNC H FA A DOCKE T NO . CP05SO000 8 (Civi l Penalt y Action ) DM S FAA-2005-2054 7 

### ORDE RO FDISMISSA L O n Septembe r

29 , 2004 , th e Federa l Aviatio n Administratio n (hereinafte r "Complainant" ) an dThoma s Lync h (hereinafte r "Respondent" ) filed ajoin t Withdrawa l o f Complain t

an dReques t

for Hearing . 1 4 C.F.R . § 13.21 5 states : "A t an y tim e befor e o r

durin g ahearing , a n agenc y attorne y ma y withdra w acomplain t o r part y ma y withdra w areques t for ahearin g withou t

th e consen t o f th e administrativ e la w judge . I f an agenc y attorne y withdraw s th e complain t o r apart y withdraw s th e reques t for ahearin g an dth e answer , th e administrativ e la w judg e shal l dismis s th e proceeding s unde r thi s subpar t

with prejudice. " WHEREFORE , th e withi n filedWithdrawa l o f Complain t

an dReques t

for Hearin g havin g bee n rea dan dconsidered , i t i s ORDERE D a s follows : 1 . Th e reques t

t o withdra w b e an di s hereb y granted ; 2 . Thi s proceedin g b e an di s hereb y dismisse dwith prejudice ; an d gen/ y counse l shal l sen dt o th e Judg e an dth e Hearin g Docke t acop y o f

an y ordentha t th e settlemen t

produced . MicHar3 0 Goodwilti.Jl ^ U.S . Administrativ e La w Judg e Attachment s - Servic e Lis t
#### UNITED STATES of America, Plaintiff—Appellee, v. Dora FAJARDO, Defendant—Appellant.

No. 01-50733.

D.C. No. CR-01-01502-JM.

United States Court of Appeals, Ninth Circuit.

Submitted June 10, 2002.*

Decided June 19, 2002.

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding.

Before RYMER, T.G. NELSON, and THOMAS, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Dora Fajardo appeals her conviction by guilty plea and sentence for one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. Fajardo’s contention that Section 960 is facially unconstitutional under *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is foreclosed by *United States v. Mendoza-Paz,*286 F.3d 1104, 1109-1111 (9th Cir.2002). Her contention that the indictment was deficient because it did not allege mens rea as to drug type and quantity is foreclosed by *United States v. Carranza,*289 F.3d 634, --,---, slip op. 6531, 6546-47 (9th Cir.2002).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
§ 31.3406(a)-2 Definition of payors obligated to backup withhold. ( a ) *In general. Payor* means the person that is required to make an information return under section 6041, 6041A(a), 6042, 6044, 6045, 6049, 6050A, 6050N, or 6050W with respect to any reportable payment (as described in section 3406(b)), or that is described in paragraph (b) of this section.
( b ) *Persons treated as payors.* The following persons are treated as payors for purposes of section 3406— ( 1 ) A grantor trust established after December 31, 1995, all of which is owned by two or more grantors (treating for this purpose spouses filing a joint return as one grantor);
( 2 ) A grantor trust with ten or more grantors established on or after January 1, 1984 but before January 1, 1996;
( 3 ) A common trust fund; and
( 4 ) A partnership or an S corporation that makes a reportable payment.
( c ) *Persons not treated as payors.* A person on the following list is not treated as a payor for purposes of section 3406 if the person does not have a reporting obligation under the section on information reporting to which the payment relates— ( 1 ) A trust (other than a grantor trust as described in paragraph (b)(1) or (2) of this section) that files a Form 1041 containing information required to be shown on an information return, including amounts withheld under section 3406; or
( 2 ) A partnership making a payment of a distributive share or an S corporation making a similar distribution.
( d ) *Effective date.* The provisions of this section apply to payments made after December 31, 2002.
[T.D. 9010, 67 FR 48759, July 26, 2002, as amended by T.D. 9496, 75 FR 49835, Aug. 16, 2010]
§ 41.4482(a)-1 Definition of highway motor vehicle. ( a ) *Highway motor vehicle.* The term “highway motor vehicle” means any vehicle that is both: ( 1 ) A vehicle propelled by means of its own motor, whether such motor is powered by gasoline, diesel fuel, special motor fuels, electricity, or otherwise, and
( 2 ) A “highway vehicle” as defined in § 48.4061(a)-1(d) of this chapter.
( b ) *Treatment of certain excluded vehicles.* Although trailers and semitrailers used in combination with highway trucks or truck-tractors are not vehicles the use of which is subject to the tax imposed by section 4481(a), trailers and semitrailers customarily used in combination with highway trucks or truck-tractors are taken into account in determining the taxable gross weight of the highway motor vehicle under § 41.4482(b)-1, which is the base of the tax.
[T.D. 7461, 42 FR 2671, Jan. 13, 1977, as amended by T.D. 8879, 65 FR 17153, Mar. 31, 2000]
IA

★

104TH CONGRESS

1ST SESSION H. J. RES. 13

Proposing an amendment to the Constitution of the United States to prohibit

compelling the attendance of a student in a public school other than

the public school nearest the residence of such student.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. EMERSON introduced the following joint resolution; which was referred to

the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States to prohibit compelling the attendance of a student

in a public school other than the public school nearest

the residence of such student.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, to be valid only if ratified

6 by the legislatures of three-fourths of the several States

7 within seven years after the date of final passage of this

8 resolution:
2

HJ 13 IH1S

1 ‘‘ARTICLE—

2 ‘‘SECTION 1. No student shall be compelled to attend

3 a public school other than the public school nearest to the

4 residence of each student which is located within the

5 school district in which such student resides and which

6 provides the course of study pursued by such student.

7 ‘‘SECTION 2. The Congress and the several States

8 shall have power to enforce this article by appropriate leg9 islation and to insure equal educational opportunities for

10 all students.’’.

Æ
§ 49.4263-6 Transportation outside the northern portion of the Western Hemisphere. ( a ) *Transportation which leaves and re-enters the northern portion of the Western Hemisphere.* For purposes of the regulations in this subpart, transportation, any part of which is outside the northern portion of the Western Hemisphere (as defined in paragraph (c) of this section) shall, if the route of the transportation leaves and re-enters the northern portion of the Western Hemisphere, be considered to consist of transportation to the point outside such northern portion and of separate transportation thereafter. The amount paid for such transportation will be considered to be a payment made for two trips and the taxability of the payment will be determined accordingly. Thus, an amount paid for transportation from New York to San Francisco with a stop at Caracas, Venezuela, will be considered an amount paid for a trip from New York to Caracas and for a separate trip from Caracas to San Francisco, neither of which is taxable transportation.
( b ) [Reserved]
( c ) *Northern portion of the Western Hemisphere.* For purposes of the regulations in this subpart, the term “northern portion of the Western Hemisphere” means the area lying west of the 30th meridian west of Greenwich, east of the International Date Line, and north of the equator, but not including any country of South America.
[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 11227, Nov. 14, 1962. Redesignated and amended by T.D. 9948, 86 FR 5007, Jan. 19, 2021]
###### Editorial Note on Part 301

#### Editorial Note:

In the text of this part, integral section references are to sections of the Internal Revenue Code of 1954; decimal section references are to the Code of Federal Regulations.

References in the text to the “Code” are references to sections of the Internal Revenue Code of 1954.

#### § 301.6041-1 Returns of information regarding certain payments.

For provisions relating to the requirement of returns of information regarding certain payments, see §§ 1.6041-1 to 1.6041-6, inclusive, of this chapter (Income Tax Regulations).
#### Lakeland Industries, Inc., et al., Respondents, v Yang Bing et al., Appellants.

[804 NYS2d 253]

In an action to recover damages for breach of contract and conversion, the defendants appeal from an order of the Supreme Court, Suffolk County (Berler, J.), dated June 24, 2004, which denied their motion pursuant to CELR 5015 to vacate a judgment entered May 3, 2001, upon their default in appearing or answering the complaint.

Ordered that the order is affirmed, with costs.

A party attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense (see *Graham v Cohen,*309 AD2d 897 [2003]). The defendants failed to satisfy either requirement. Therefore, the Supreme Court properly denied their motion.

The defendants’ remaining contentions are without merit. Florio, J.P., Krausman, Skelos and Covello, JJ., concur.
[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Pages 39115-39116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18652]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,102]


Fairchild Semiconductor, Signal Path Organization, South 
Portland, ME; Notice of Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated in response to a petition filed on May 19, 
2009, by a state workforce office on behalf of workers of Fairchild 
Semiconductor,

[[Page 39116]]

Signal Path Organization, South Portland, Maine.
    The petitioner has requested that the petition be withdrawn. 
Accordingly, the investigation has been terminated.

    Signed at Washington, DC, this 8th day of July 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-18652 Filed 8-4-09; 8:45 am]
BILLING CODE 4510-FN-P
§ 53.6091-1 Place for filing chapter 42 tax returns. Except as provided in § 53.6091-2 (relating to exceptional cases): ( a ) *Persons other than corporations.* Chapter 42 tax returns of persons other than corporations shall be filed with any person assigned the responsibility to receive returns in the local Internal Revenue Service office that serves the legal residence or principal place of business of the person required to make the return.
( b ) *Corporations.* Chapter 42 tax returns of corporations shall be filed with any person assigned the responsibility to receive returns in the local Internal Revenue Service office that serves the principal place of business or principal office or agency of the corporation.
( c ) *Returns filed with service centers.* Notwithstanding paragraphs (a) and (b) of this section, unless a return is filed by hand carrying, whenever instructions applicable to Chapter 42 tax returns provide that the returns be filed with a service center, the returns must be so filed in accordance with the instructions. Returns which are filed by hand carrying shall be filed with any person assigned the responsibility to receive hand-carried returns in the local Internal Revenue Service office in accordance with paragraphs (a) or (b) of this section, whichever is applicable.
( d ) *Returns of persons subject to a termination assessment.* Notwithstanding paragraph (c) of this section, income tax returns of persons with respect to whom a chapter 42 tax assessment was made under section 6852(a) with respect to the taxable year must be filed with any person assigned the responsibility to receive returns in the local Internal Revenue Service office as provided in paragraphs (a) and (b) of this section.
[T.D. 7368, 40 FR 29843, July 16, 1975, as amended by T.D. 7495, 42 FR 33727, July 1, 1977; T.D. 8628, 60 FR 62212, Dec. 5, 1995; T.D. 9156, 69 FR 55746, Sept. 16, 2004]
IV

104TH CONGRESS

1ST SESSION H. CON. RES. 91

Expressing the sense of the Congress that the United States should

participate in Expo ’98 in Lisbon, Portugal.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1995

Mr. POMBO (for himself, Mr. KENNEDY of Rhode Island, Mr. STARK, Mr.

FRANK of Massachusetts, Mr. ABERCROMBIE, Mr. BILBRAY, Mr.

MEEHAN, Mr. REED, Mr. MOAKLEY, Mr. TORRICELLI, Mr. MENENDEZ,

Mr. PALLONE, Mr. ZIMMER, Mr. MARTINI, and Mr. KENNEDY of Massachusetts) submitted the following concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of the Congress that the United States

should participate in Expo ’98 in Lisbon, Portugal.

Whereas there was international concern expressed at the Rio

Conference of 1992 about conservation of the seas;

Whereas 1998 has been declared the ‘‘International Year of

the Ocean’’ by the United Nations in an effort to alert

the world to the need for improving the physical and cultural assets offered by the world’s oceans;

Whereas the theme of Expo ’98 is ‘‘The Oceans, a Heritage

for the Future’’;
2

• HCON 91 IH

Whereas Expo ’98 has a fundamental aim of alerting political, economic, and public opinion to the growing importance of the world’s oceans;

Whereas Portugal has established a vast network of relationships through ocean exploration;

Whereas Portugal’s history is rich with examples of the courage and exploits of Portuguese explorers;

Whereas Portugal and the United States have a relationship

based on mutual respect, and a sharing of interests and

ideals, particularly the deeply held commitment to democratic values;

Whereas today over 2,000,000 Americans can trace their ancestry to Portugal; and

Whereas the United States and Portugal agreed in the 1995

Agreement on Cooperation and Defense that in 1998 the

2 countries would consider and develop appropriate

means of commemorating the upcoming quincentennial

anniversary of the historic voyage of discovery by Vasco

da Gama: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the United States should fully partici3 pate in Expo ’98 in Lisbon, Portugal, and encourage the

4 private sector to support this worthwhile undertaking.

Æ
Incorporation by Reference

Docket ID No. EPA-HQ-OAR-2011-0147

May 10, 2012

The contents of the following dockets are hereby incorporated by reference into and are 

considered to be included in, contained in and to have been placed in Docket EPA-HQ-OAR2011-0147 (Technical Corrections, Clarifying and Other Amendments Package):

1) EPA-HQ-OAR-2008-0508 (Greenhouse Gas Mandatory Reporting)

2) EPA-HQ-OAR-2009-0923 (Oil and Natural Gas Systems)

3) EPA-HQ-OAR-2009-0924 (Confidential Business Information)

4) EPA-HQ-OAR-2009-0927 (Additional Sources of Fluorinated Gases)

5) EPA-HQ-OAR-2010-0109 (Technical Corrections of Certain GHG MRR Provisions)

6) EPA-HQ-OAR-2010-0929 (Change to the Reporting Date for Inputs to Equations)

7) EPA-HQ-OAR-2011-0028 (Proposed Confidentiality Determinations for 8 Subparts)

8) EPA-HQ-OAR-2011-0417 (Mandatory Reporting of Greenhouse Gases: Petroleum and 

Natural Gas Systems: Revisions to Best Available Monitoring Method Provisions)

9) EPA-HQ-OAR-2011-0512 (Technical Revisions for Subpart I and W of the Greenhouse 

Gas Reporting Rule)

Accessing dockets: 

Publicly available docket materials are available either electronically through 

www.regulations.gov or in hard copy at EPA’s Docket Center, Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20004. This Docket 

Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 

The telephone number for the Public Reading Room is (202) 566-1744, and the telephone 

number for the Air Docket is (202) 566-1742.
<PAGE>




                                                                  Exhibit 99-1




                     CERTIFICATION OF CHIEF EXECUTIVE AND
                           CHIEF FINANCIAL OFFICERS


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350),
each of the undersigned hereby certifies in his respective capacity as an
officer of First Keystone Financial, Inc. (the "Company") hereby that the
Quarterly Report of the Company on Form 10-Q for the period ending June 30,
2002 fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 and that the information contained therein fairly
presents, in all material respects, the financial condition and results of
operations of the Company.


                                        FIRST KEYSTONE FINANCIAL, INC.


Date:   August 14, 2002                 By:  /s/ Donald S. Guthrie
                                            ----------------------
                                        Donald S. Guthrie
                                        Chairman and Chief Executive Officer




Date:   August 14, 2002                 By:  /s/ Thomas M. Kelly
                                            --------------------
                                        Thomas M. Kelly
                                        President and Chief Financial Officer
#### WILLIAM CRAMP & SONS SHIP AND ENGINE BUILDING COMPANY v. THE UNITED STATES.

[43 C. Cls. R., 202;

216 U. S. R., 494.]

The contract is for building the Alabama. It contains a provision that before final payment the contractor shall give a final release “ *of all claims of any hind or description ”*under or by virtue of the contract. The release given is “ *on account of the construction of said vessel under the contract afore*
      *611
      *said.”*The principal question involved, is whether the release extends to delays caused by the defendants and to matters not contemplated by the original contract, a release which ordinarily would require a new consideration.

The court below dismisses the petition and decides:

I. It was decided by the Supreme Court in *United States*v. *Cramp and Sons*(206 U. S. it., 118) that the contract provided in advance that it should be closed by the execution of a release of all claims of any kind or description, and that the release actually given must be deemed to be so intended and to leave nothing open and unsettled.

II. The decision of the Supreme Court in the case referred to is conclusive in this case, the contracts being similar. Where the vessel was completed and the retained money paid, the righ'ts of the parties were determined by the contract itself and not by the language of the release.

The decision of the court below is reversed, the Supreme Court holding that a proviso in the release in this case distinguished it from the proviso in the other case and reserved to the contractors their right of action for certain unliqui-dated damages.

Mr. Justice Brewer

delivered the opinion of the Supreme Court February 28, 1910.
Exhibit
32.2





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 Quarterly Report of American Tax Credit Properties III L.P.
(the “Registrant”) on Form 10-Q for the period ended June 29, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
James Hussey, Chief Financial Officer of Richman Housing Credits Inc., general
partner of Richman Tax Credit Properties III L.P., general partner of the
Registrant, 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
      Registrant.




/s/James HusseyJames
      HusseyChief
      Financial Officer of RichmanHousing
      Credits Inc., general partnerof
      Richman Tax Credit Properties IIIL.P.,
      General Partner of the RegistrantAugust
      4, 2009
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                           1,127
<SECURITIES>                                         0
<RECEIVABLES>                                   13,640
<ALLOWANCES>                                         0
<INVENTORY>                                     14,953
<CURRENT-ASSETS>                                31,294
<PP&E>                                           9,554
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  46,114
<CURRENT-LIABILITIES>                           20,554
<BONDS>                                          8,362
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         32
<COMMON>                                            93
<OTHER-SE>                                      16,666
<TOTAL-LIABILITY-AND-EQUITY>                    46,114
<SALES>                                         60,157
<TOTAL-REVENUES>                                60,157
<CGS>                                           39,526
<TOTAL-COSTS>                                   39,526
<OTHER-EXPENSES>                                14,128
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,150
<INCOME-PRETAX>                                  5,353
<INCOME-TAX>                                     1,613
<INCOME-CONTINUING>                              2,861
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,861
<EPS-BASIC>                                       0.41
<EPS-DILUTED>                                     0.41


</TABLE>
**Exhibit 32.2**

 

**Certification of the PrincipalFinancial OfficerPursuant to 18 U.S. C. Section 1350**

 

 

In connection with theQuarterly Report on Form 10-Q of Kaiser Group Holdings, Inc. (the “Company”)for the period ending March 31, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Marian P. Hamlett,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002 that:

 

(1)  TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

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

 

 
| May 16, 2005 |   /s/ Marian P. Hamlett |   |
|-------------------|-----------------------------------|--------|
|              | Marian P. Hamlett,                |
|              | Chief Financial Officer           |

 

----