alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(Reap. Dec. 10912)

#### Elof Hansson, Inc. *v.*United States

Entry No. 798869, etc.

(Decided March 16, 1965)

*Sharp & Bog cm*for the plaintiff.

*John W. Douglas,*Assistant Attorney General, for the defendant.

*554Rao, Judge:

The appeals for reappraisement listed in schedule A, annexed to this decision and made a part hereof, have been submitted for decision upon the following stipulation:

> IT IS HEREBY STIPULATED AND AGREED by the undersigned, subject to the approval of the Court:

> 1. That the subject merchandise consists of hardboard exported from Sweden as to which the Secretary of the Treasury issued a finding of dumping, published in 89 TD 197, TD 53567, made pursuant to the Antidumping Act of 1921 (19 U.S.C. 160, etseq.).

> 2. That pursuant to Section 168 of said Antidumping Act, the appraiser reported the purchase price (Sec. 162) and the foreign market value (Sec. 164) as to the merchandise listed on Schedule A attached hereto and made a part hereof.

> 3. That pursuant to Sections 500 and 402 of the Tariff: Act of 1930 as amended, the appraiser appraised all of the merchandise in the appeals for appraisement enumerated on Schedule A for regular duty purposes.

> 4. That the plaintiff duly filed appeals for reappraisement as to the values referred to in the above paragraphs Nos. 2 and 3.

> 5. That at the times relevant herein the purchase price and the foreign market value under the said Antidumping Act are as specified in the aforesaid Schedule A attached hereto.

> 6. That as to all other items of merchandise not identified on Schedule A, the appraiser’s reports of purchase price and of foreign market value are correct.

> 7. That the appraiser’s findings of value under the provisions of Section 402 of the Tariff Act of 1930 as amended, are correct.

> 8. That said appeals are submitted for decision upon this stipulation and said Schedule A.

Upon the agreed facts, I find foreign market value, as defined in section 164 of the Antidumping Act of 1921 (19 U.S.C. § 164), for the merchandise described in said schedule A, and the purchase price thereof, within section 162 of said act (19 U.S.C. §162), to be as indicated in said schedule. As to all other items of merchandise not identified in schedule A, I find the foreign market values and purchase prices to be as reported by the appraiser. In all other respects, the values of all merchandise are as returned by the appraiser.

Judgment will be entered accordingly.
No. 53931.

#### W. T. Grant Company *v.*United States,

protest 145538-K (New York).

Opinion by

Ford, J.

Following the authorities cited in Abstract 15400 the court dismissed the protest.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

THE ERECTION COMPANY, INC., a

Washington corporation,

 Plaintiff - Appellant,

 v.

W&W STEEL, LLC, a Delaware limited

liability company,

 Defendant - Appellee.

No. 11-35949

D.C. No. 3:11-cv-00805-JE

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

John Jelderks, Magistrate Judge, Presiding

Argued and Submitted March 7, 2013

Portland, Oregon

Before: TASHIMA, CLIFTON, and BEA, Circuit Judges.

The Erection Company (TEC) appeals the district court’s denial of its

petition to compel arbitration and grant of W&W Steel’s (W&W) motion for

partial summary judgment. The Federal Arbitration Act authorizes an appeal from

FILED

MAR 21 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

an order denying a petition to compel arbitration, 9 U.S.C. § 16(a)(1)(C), and the

district court certified its partial summary judgment as a final judgment, see Fed.

R. Civ. P. 54(b). We therefore have jurisdiction under 28 U.S.C. § 1291, and we

affirm.

1. TEC’s argument that the parties entered into a contract which contained

an arbitration clause fails. W&W unequivocally expressed in its January 28, 2011,

Letter of Intent that it intended to be bound only when a written subcontract was

signed by both parties. No such written subcontract was ever signed by both

parties. Nonetheless, TEC argues that the parties entered into a binding contract

through their email communications on April 6, 2011. There was no contract

formed on April 6, 2011 because there was no meeting of the minds on a set of

terms. See Phillips v. Johnson, 514 P.2d 1337, 1343 (Or. 1973) ( “[B]efore there

can be a valid contract there must be a meeting of the minds as to all of its terms. . .

.”). Because the parties did not enter into a contract which provided for disputes to

be resolved through arbitration, the district court did not err in denying TEC’s

petition to compel arbitration.

2. TEC has not raised a triable issue of material fact as to whether the

parties formed a contract through their words and conduct prior to the April 6,
3

2011 negotiations. The district court therefore did not err in granting summary

judgment to W&W on TEC’s breach of contract claim. 

AFFIRMED.
EXHIBIT 31.1
 SECTION 302 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 I, Robert D Burr, CERTIFY THAT:
 1.
    
    I have reviewed this 10-QSB for the quarter ended March 31, 2008 of Bayou City Exploration, Inc.;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 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 small business issuer as of, and for, the periods presented in this report;4.
    
    The small business issuers other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the small business issuer and have:
 a)
    
    Designed such disclosure controls and
procedures, or caused such disclosure controls
and procedures to be designed under our
supervision, to ensure that material information
relating to the small business issuer, including
its consolidated subsidiaries, is made known to
us by others within those entities, particularly
during the period in which this report is being
prepared;b)
    
    Evaluated the effectiveness of the small
business issuers disclosure controls and
procedures and presented in this report our
conclusions about the effectiveness of the
disclosure controls and procedures, as of the
end of the period covered by this report based
on such evaluation;c)
    
    Disclosed in this report any change in the small
business issuers internal control over
financial reporting that occurred during the
small business issuers most recent fiscal
quarter (the small business issuers fourth
quarter in the case of an annual report) that
has materially affected, or is reasonably likely
to materially affect, the small business
issuers internal control over financial
reporting; and
 5.
    
    The small business issuers certifying officer(s) have disclosed, based on our most recent evaluation
of internal control over financial reporting, to the small business issuers auditors and the audit
committee of the small business issuers board of directors (or persons performing the equivalent
function):
 a)
    
    All significant deficiencies and material
weaknesses in the design or operation of
internal control over financial reporting which
are reasonably likely to adversely affect the
small business issuers ability to record,
process, summarize and report financial
information; andb)
    
    Any fraud, whether or not material, that
involves management or other employees who have
a significant role in the small business
issuers internal controls over financial
reporting.
  /s/ Robert D. BurrRobert D. BurrChief Executive Officer and President
No. 53435.

protests 120184-K (A), etc. (New York).

#### American Mink Co. et al. *v.*United States,

.Opinion by

Mollison, J.

It was stipulated that the merchandise consists of platinum fox fur skins, undressed, similar in all material respects to those the subject of *United States*v. *O. Brager-Larsen*(36 C. C. P. A. 1, C. A. D. 388). The claim for free entry under paragraph 1681 was therefore sustained.
I

106TH CONGRESS

1ST SESSION H. R. 1140

To authorize the Secretary of Health and Human Services to make payments

to hospitals under the Medicare Program for costs associated with training psychologists.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1999

Mrs. THURMAN introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To authorize the Secretary of Health and Human Services

to make payments to hospitals under the Medicare Program for costs associated with training psychologists.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORITY TO INCLUDE COSTS OF TRAINING

4 OF PSYCHOLOGISTS IN PAYMENTS TO HOS5 PITALS UNDER MEDICARE.

6 Effective for cost reporting periods beginning on or

7 after October 1, 1999, for purposes of payments to hos8 pitals under the Medicare Program under title XVIII of
2

•HR 1140 IH

1 the Social Security Act for costs of approved educational

2 activities (as defined in section 413.85 of title 42 of the

3 Code of Federal Regulations), such approved educational

4 activities shall include professional educational training

5 programs, recognized by the Secretary, for psychologists.

Æ
<PAGE>

                                  EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Home Loan Financial Corporation (the
"Company") on Form 10-QSB for the quarter ended March 31, 2005, as filed with
the Securities and Exchange Commission on the date of this Certification (the
"Report"), I, Preston W. Bair, the Chief Financial Officer of the Company,
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 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.

/s/ Preston W. Bair
----------------------------------------
Preston W. Bair, Chief Financial Officer

Date:  May 16, 2005

                                                                             32.
No. 59412.

protests 231242-K, etc. (New York).

#### F-C-G Importers, Inc., et al. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *United States*v. *R. C. Williams & Co., Inc.*(40 C. C. P. A. 130, C. A. D. 508) and *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C. D. 1155), the claim of the plaintiffs was sustained.
**[PROTECTIVE
LIFE AND ANNUITY INSURANCE COMPANY LETTERHEAD]**
  
  **EXHIBIT
32(b)**
 
 **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 on Form 10-Q of Protective Life and
Annuity Insurance Company (the “Company”) for the period ending March 31,
2005, as filed with the Securities and Exchange Commission (the “Report”), I,
Allen W. Ritchie, Executive Vice President and 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 to the best of my
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 result of operations of the Company.
  
 
 /s/
Allen W. Ritchie
 Allen W.
Ritchie
 Executive
Vice President and
 Chief
Financial Officer
 May 13,
2005
 
 
 This
certification accompanies the Report pursuant to §906 of the Sarbanes-Oxley Act
of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act
of 2002, be deemed filed by the Company for purposes of §18 of the Securities
Exchange Act of 1934, as amended.
III

106TH CONGRESS

2D SESSION H. CON. RES. 390

IN THE SENATE OF THE UNITED STATES

OCTOBER 4 (legislative day, SEPTEMBER 22), 2000

Received

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding Taiwan’s

participation in the United Nations and other international organizations.

Whereas Taiwan has dramatically improved its record on

human rights and routinely holds free and fair elections

in a multiparty system, as evidenced most recently by

Taiwan’s second democratic presidential election of

March 18, 2000, in which Mr. Chen Shui-bian was elected as president;
2

HCON 390 RDS

Whereas the 23,000,000 people on Taiwan are not represented in the United Nations and many other international organizations, and their human rights as citizens

of the world are therefore severely abridged;

Whereas Taiwan has in recent years repeatedly expressed its

strong desire to participate in the United Nations and

other international organizations;

Whereas Taiwan has much to contribute to the work and

funding of the United Nations and other international organizations;

Whereas the world community has reacted positively to Taiwan’s desire for international participation, as shown by

Taiwan’s membership in the Asian Development Bank

and Taiwan’s admission to the Asia-Pacific Economic Cooperation group as a full member and to the World

Trade Organization as an observer;

Whereas the United States has supported Taiwan’s participation in these bodies and, in the Taiwan Policy Review of

September 1994, declared an intention of a stronger and

more active policy of support for Taiwan’s participation

in appropriate international organizations;

Whereas Public Law 106–137 required the Secretary of State

to submit a report to the Congress on administration efforts to support Taiwan’s participation in international

organizations, in particular the World Health Organization; and

Whereas in such report the Secretary of State failed to endorse Taiwan’s participation in international organizations and thereby did not follow the spirit of the 1994

Taiwan Policy Review: Now, therefore, be it
3

HCON 390 RDS

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that—

3 (1) Taiwan and its 23,000,000 people deserve

4 appropriate meaningful participation in the United

5 Nations and other international organizations such

6 as the World Health Organization; and

7 (2) the United States should fulfill the commit8 ment it made in the 1994 Taiwan Policy Review to

9 more actively support Taiwan’s participation in ap10 propriate international organizations.

Passed the House of Representatives October 3,

2000.

Attest: JEFF TRANDAHL,

Clerk.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

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

LOS ANGELES COUNTY EMPLOYEES RETIREMENT 

ASSOCIATION, a California public pension fund,

Plaintiff,

v.

JOHN J. RIGAS, TIMOTHY J. RIGAS, JAMES P. 

RIGAS, MICHAEL J. RIGAS, PETER L. VENETIS, 

DENNIS P. COYLE, LESLIE J. GELBER, PETE J. 

METROS, ERLAND E. KAILBOURNE, JAMES R. 

BROWN, DELOITTE & TOUCHE, LLP, BANC OF 

AMERICA SECURITIES, LLC, and SALOMON SMITH 

BARNEY HOLDINGS, INC.,

Defendants.

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

CIVIL ACTION NO. 02-CV-4086

ENTRY OF APPEARANCE

TO THE CLERK:

Kindly enter our appearance on behalf of Defendants Salomon Smith Barney 

Holdings, Inc. and Banc of America Securities, LLC in the above-captioned matter.

___________________________________________

David C. Franceski, Jr.

(I.D. No. 32664)

Thomas W. Dymek

(I.D. No. 86248)

STRADLEY, RONON, STEVENS & YOUNG, LLP

2600 One Commerce Square

Philadelphia, PA 19103-7098

(215) 564-8000

Attorneys for Defendants

Salomon Smith Barney Holdings, Inc. and 

Banc of America Securities, LLC

Case 2:02-cv-04086-HH Document 20 Filed 09/19/2002 Page 1 of 4
 

Of Counsel:

Mitchell A. Lowenthal

David E. Brodsky

Jennifer L. Kroman

Stuart N. Mast

CLEARY, GOTTLIEB, STEEN & HAMILTON

One Liberty Plaza

New York, NY 10006

Dated: November 27, 2002.

615613

Case 2:02-cv-04086-HH Document 20 Filed 09/19/2002 Page 2 of 4
 

CERTIFICATE OF SERVICE

I, Thomas W. Dymek, hereby certify that on this 19th day of September, 2002, I 

caused a true and correct copy of the foregoing to be served upon the following:

VIA FIRST CLASS, U.S. MAIL

Geoffrey C. Jarvis, Esquire

Stuart M. Grant, Esquire

Megan D. McIntyre, Esquire

GRANT & EISENHOFER PA

1201 N. Market Street, Suite 2100

Wilmington, DE 19801-2599

Penny Conly Ellison, Esquire

Thomas S. Biemer, Esquire

DILWORTH PAXSON LLP

3200 Mellon Bank Center

1735 Market Street

Philadelphia, PA 19103-7595

Patrick J. O'Connor

COZEN O'CONNOR

1900 Market Street

Philadelphia, PA 19103

Joel E. Tasca, Esquire

BALLARD SPAHR ANDREWS & INGERSOLL LLP

1735 Market Street, 51st. Floor

Philadelphia, PA 19103

Robert L. Hickok, Esquire

Jeremy Heep, Esquire

PEPPER HAMILTON LLP

3000 Two Logan Square

18th and Arch Streets

Philadelphia, PA 19103-2799

Case 2:02-cv-04086-HH Document 20 Filed 09/19/2002 Page 3 of 4
 

Philip C. Korologos, Esquire

BOIES, SCHILLER & FLEXNER LLP

333 Main Street

Armonk, New York 10504

Daniel C. Fleming, Esquire 

Henry Oh, Esquire

WONG FLEMING PC

1528 Walnut Street, Suite 1602

Philadelphia, PA 19102

Matthew H. Meade, Esquire

MORRISON & FOERSTER LLP

1290 Avenue of the Americas

New York, NY 10104-0050

Thomas W. Dymek

Doc. #610781

Case 2:02-cv-04086-HH Document 20 Filed 09/19/2002 Page 4 of 4
Exhibit 32
 CERTIFICATIONS PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350)
  (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: August 8, 2008
    By:
    /s/ CATHY MCCARTHYCathy McCarthyPresident and Chief Executive OfficerDated: August 8, 2008
    By:
    /s/ JAMES R. ECKSTAEDTJames R. EckstaedtExecutive Vice President, Finance
and Chief Financial Officer  21
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. DO NA LD M I CHAEL HI LL , D e f

e n d an t - A p p e llan t. N o. 09- 10383 D. C . No . 2 : 0 6 - c r - 0 0 5 8 0 - MHM ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona M aryH . M ur gui a , D i s tr i c tJudge , P r e s i di ng S ubm i tt e d M ar c h 8, 2011 ** B e f o r e : F A R R I S , L E A V Y , an dB Y B E E , C ir c u it Ju d g e s . D o n a ldM ic h a e l H ill ap p e a ls f r o m h is g u ilty - p le ac o n v ic tio n a n d1 2 0 - m o n th s e nt e nc e f

orbank r obbe ry , i n vi ol a t i on of 18 U . S . C . § 2113( a ) . P ur s uantt o A n ders v . Ca lifo rn ia , 38 6 U . S . 73 8 (19 67 ), H i l l ’ s c ou nselhas f i l ed a bri ef

st at i ng there ar e n o g r o u n d s f

o rr e lie f , a lo n g w ith am o tio n to w ith d r aw a s c o u n s e l o f r e c o r d . W e 

# FI LED MA R 14 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 10383 2 have prov i ded the appel l antw i th the op po rtun i ty t o fi l e apro se s up pl em ent al br i e f . N o pr o s e s uppl e m e nt a l br i e f ora ns w e r i ng br i e f

ha s be e n f

i l e d. O uri nde pe nde ntr e vi e w of the r e c or d pur s uantt o P e n s o n v . O h io , 4 8 8 U . S. 7 5 , 8 0 - 8 1 ( 1 9 8 8 ) , d is c lo s e s n o a r g u ab le g r o u n d s f o rr e lie f o n d ir e c t ap p e a l. W e d is m is s in lig h t o f

th e v a lidap p e a l w a iv e r . See U ni ted States v. N

gu ye n , 235 F . 3d 11 79 , 11 82 (9th C i r. 20 00 ). C o u n sel ’ s m o t i o n t o w i th d raw i s GR AN T E D. DI S MI S S E D.
SCWC-13-0001782

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MATTHEW A. STEINGREBE, 

Respondent/Plaintiff-Appellee,

vs.

PAULA K. STEINGREBE,

Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-13-0001782 & CAAP-13-0003276; FC-D NO. 11-1-7050)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI 

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Defendant-Appellant Paula K. Steingrebe’s

Application for Writ of Certiorari, filed on July 21, 2014, is

hereby rejected.

DATED: Honolulu, Hawai#i, August 28, 2014.

Paula K. Steingrebe

pro se

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

Electronically Filed

Supreme Court

SCWC-13-0001782

28-AUG-2014

10:52 AM
No. 56290.

protest 174831— K (New York).

#### Oxford University Press, N. Y., Inc. *v.*United States,

*372Opinion by

Rao, J.

In accordance with stipulation of counsel that certain items of the merchandise consist of maps similar in all material respects to those the subject of Abstract 52065, the claim of the plaintiff was sustained.