alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 62444.

#### Dorf International, Ltd. *v.*United States,

protest 314326-K (New York).

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the items marked “A” consist of chairs similar in all material respects to those the subject of *Davies Turner & Co.*v. *United States*(45 C. C. P. A. 39, C. A. D. 669), the claim at 20 percent under the provision in paragraph 412, as modified by T. D. 51802, for “Furniture, * * * Chairs,” was sustained. The items marked “B,” stipulated to consist of furniture the same as that in C. A. D. 669, *supra,*were held dutiable at *12%*percent under the provision in said paragraph 412, as modified, *supra,*for other furniture.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                               1
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                            1,792
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (14,391)
<TOTAL-LIABILITY-AND-EQUITY>                         1
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   815
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (815)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (815)
<EPS-PRIMARY>                                   (0.00)
<EPS-DILUTED>                                     0.00
        

</TABLE>
No. 58402.

protest 199855-K (San Francisco).

#### H. B. Thomas & Co. *v.*United States,

Opinion by

Wilson, J.

At the trial, the examiner testified that the merchandise consists of “fresh water fish mainly rainbow trout frozen, beheaded and eviscerated but not further advanced except that the fins may have been removed.” On the record presented, the claim of the plaintiff was sustained.
No. 62966.

#### Manca, Inc. *v.*United States,

protest 58/17456 (New York).

Opinion by

Moixison, J.

In accordance with stipulation of counsel that the merchandise consists of boxes similar in all material respects to those the subject of Abstract 59557, the claim of the plaintiff was sustained.
No. 54510.-

#### Brown Durrell Co. *v.*United States,

protest 938914-G (Boston).

Opinion by

Ford, J.

The protest was dismissed.
II

106TH CONGRESS

2D SESSION H. R. 1023

IN THE SENATE OF THE UNITED STATES

FEBRUARY 2, 2000

Received; read twice and referred to the Committee on the Judiciary

AN ACT

For the relief of Richard W. Schaffert.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1023 RFS

1 SECTION 1. WAIVER OF TIME LIMITATIONS.

2 (a) IN GENERAL.—The limitations set forth in sec3 tions 6511 and 6514(a) of the Internal Revenue Code of

4 1986 (relating to period of limitation on filing claim and

5 on allowance of credits or refunds for tax overpayment)

6 shall not apply to a claim filed by Richard W. Schaffert

7 of Lincoln, Nebraska, for credit or refund of an overpay8 ment of the individual Federal income tax Richard W.

9 Schaffert paid for the taxable year 1983.

10 (b) DEADLINE.—Subsection (a) shall apply only if

11 Richard W. Schaffert submits a claim pursuant to such

12 subsection within the 1-year period beginning on the date

13 of the enactment of this Act.

Passed the House of Representatives February 1,

2000.

Attest: JEFF TRANDAHL,

Clerk.
EXHIBIT 32.2

               STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE
               SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

        The  undersigned,  Thomas M. Lyons,  is the Chief  Financial  Officer of
First Sentinel Bancorp, Inc. (the "Company").

        This statement is being  furnished in connection  with the filing by the
Company of the  Company's  Quarterly  Report on Form 10-Q/A for the period ended
June 30, 2003 (the "Report").

        By execution of this statement, I certify that:

               A)   the Report fully complies with the  requirements  of Section
                    13(a) or 15(d) of the  Securities  Exchange  Act of 1934 (15
                    U.S.C. 78m(a) or 78o(d)) and

               B)   the information  contained in the Report fairly presents, in
                    all material respects,  the financial  condition and results
                    of  operations  of the  Company  as of the dates and for the
                    periods covered by the Report.

January 28, 2004                            /s/ THOMAS M. LYONS
----------------                            -------------------
Dated                                       Thomas M. Lyons,
                                            Executive Vice President and
                                            Chief Financial Officer
<PAGE>   1
                                  EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8) pertaining to the Non Qualified Stock Option Agreement between the Company
and David E. Deeds, dated October 12, 1998, of our report dated January 25,
1999, with respect to the consolidated financial statements of WavePhore, Inc.
included in its Annual Report (Form 10-K) for the year ended December 31, 1998,
filed with the Securities and Exchange Commission.

                                Ernst & Young LLP


Phoenix, Arizona
March 29, 1999
A89A2209.

#### MASSENGALE et al. v. MOORE.

(390 SE2d 439)

Decided January 25, 1990.

*Sherry L. Stenson,*for appellants.

Banke, Presiding Judge.

This is an appeal from an order dismissing for want of prosecution a personal injury action filed against the appellee by the appellants. The dismissal order states that the case was “called for the purpose of considering pending motion of defendant for enforcement of a settlement agreement or, in event that said motion had been denied, for trial on its merits.” The court determined that the case should be dismissed for want of prosecution for the stated reason that, after the defense had “announced its readiness and willingness to proceed,” appellant’s counsel, “without proper authority or permission of the court . . . voluntarily left the courtroom, thus indicating her intention not to prosecute her case, respond to defendant’s motion, or otherwise present any matter to the court.” *Held:*

1. The appellant has moved this court to supplement the record on appeal through the inclusion of a transcript of the proceedings in the trial court. However, the clerk of the lower court has certified to this court that no such transcript was ever filed in that court. The burden is on the complaining party to have the record completed in the trial court in accordance with the provisions of OCGA § 5-6-41 (f). See *Campbell v. Crumpton,*173 Ga. App. 488 (326 SE2d 845) (1985); *Gibbs v. Browning,*172 Ga. App. 76 (321 SE2d 813) (1984). The appellant’s motion is accordingly denied.

2. Under the unusual circumstances of this case, as revealed by the court’s order and by other portions of the record, we hold that dismissal of the appellant’s complaint was not authorized and that the appropriate course of action for the trial court to have taken in the face of appellant’s counsel’s refusal to proceed was simply to grant the relief sought by the appellee-defendant, which was the enforcement of the settlement agreement reached by the parties. We accordingly reverse the judgment of the trial court and remand the case with direction that judgment be entered in favor of the appellant in the amount of $9,000 which is the amount of the settlement the appellee was seeking to enforce.

*Judgment reversed and case remanded with direction.*

*Sognier and Pope, JJ., concur.*

*329
      *Allen C. Levi,*for appellee.
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

JOHN STEPHEN KISSELL, 

 Defendant - Appellant. 

No. 20-3162 

(D.C. No. 5:18-CR-40001-HLT-1) 

(D. Kan.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.**

_________________________________ 

 This matter is before the court on the parties’ Joint Motion to Vacate and Remand. 

The parties jointly move this court to vacate Appellant John Stephen Kissell's 

sentence in light of Borden v. United States, 2021 WL 2367312 (S. Ct. June 10, 

2021) (holding that criminal offense that requires only a mens rea of recklessness 

cannot count as a "violent felony" under the Armed Career Criminal Act), and to 

* This order and judgment is not binding precedent, except under the doctrines 

of law of the case, res judicata, and collateral estoppel. It may be cited, however, for 

its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. ** Because this matter is being decided on a joint motion to vacate and remand 

to the district court, the panel has determined unanimously that oral argument would 

not materially assist in the determination of this appeal. See Fed. R. App. P. 34(f); 

10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. 

FILED 

United States Court of Appeals 

Tenth Circuit 

June 21, 2021

Christopher M. Wolpert 

Clerk of Court
2 

remand to the district court for further proceedings. The parties agree that Borden 

resolves this appeal in Mr. Kissell’s favor. 

Upon consideration, the Joint Motion to Vacate and Remand is granted. This 

matter is remanded with instructions to vacate Mr. Kissell’s sentence and conduct 

further proceedings necessary to resentence him in accordance with Borden. 

The Clerk is directed to issue the mandate forthwith. 

Entered for the Court 

Per Curiam
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 Annual Report of
SRKP 5, Inc. (the "Company") on Form 10-K for the fiscal year ended December 31,
2009 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Anthony C. Pintsopoulos, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to
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 results of operations of the Company.





/s/ Anthony C. PintsopoulosAnthony
      C. PintsopoulosPrincipal
      Financial OfficerMarch
      23, 2010
No. 51563.

#### Protests 50193-K, etc., of Y. Akiyama et al. (Honolulu, etc.).

Opinion by

Cole, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
No. 61211.

protests 207862-K, etc. (San Francisco).

#### French Industries, Inc., and Arthur J. Fritz & Co. et al. *v.*United States,

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of fishing lines the same in all material respects as those the subject of *J. M. P. R. Trading Corp. et al.*v. *United States*(43 C. C. P. A. 1, C. A. D. 600), the items of merchandise imported prior to June 6, 1951, were held dutiable at 35 percent under paragraph 1211, as modified by T. D. 51802, and other items were held dutiable at 32)4 percent under said paragraph, as modified by T. D. 52739, supplemented by Presidential proclamation (T. D. 52857).
Exhibit
23.2





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM








To the
Board of Directors


Xfone,
Inc.





Gentlemen:





We hereby consent to the inclusion of our
Report of Independent Registered Public Accounting Firm dated March 31,
2009(except for Note 19
dated April 29, 2009), with respect to the consolidated financial statements of
Xfone, Inc. and its subsidiaries as of and for the year ended December 31, 2008,
in the filing of the Annual Report on Form 10-K for the fiscal year
ended December 31, 2009 of Xfone, Inc.





Further,
we hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No. 333-158495 and No. 333-76566) of Xfone, Inc. of such
Report, which appears in the Form 10-K.





Date: March __,
      2010
            By:
            /s/ Stark Winter Schenkein &
      Co., LLPStark
      Winter Schenkein & Co., LLPDenver,
      Colorado
No. 64668.

#### Manca, Inc. *v.*United States,

protests 59/31155 and 59/31156 (New York).

*309Opinion by

Mollison, J.

In accordance witb stipulation of counsel that the merchandise consists of boxes similar in all material respects to those the subject of Abstract 69557, the claim in protest 59/31155 at 2.15 cents per pound and 9 percent ad valorem under paragraph 1405, as modified by the Sixth Protocol to the General Agreement on Tariffs and Trade (T.D. 54108), and the claim in protest 59/31156 at 2% cents per pound and 10 percent ad valorem under said paragraph, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade (T.D. 52739), were sustained.
Before the Second Division,

April 10, 1959

No. 62963.

#### Jacob Elishewitz & Sons Co., Inc., et al. *v.*United States,

protests 58/14490, etc. (New York).

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of straw hats similar in all material respects to those the subject of *Pollak Industrial Corp. et al.*v. *United States*(40 Cust. Ct. 251, C.D. 1991), the claim of the plaintiffs was sustained.
Exhibit
32.1





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 Annual Report of
Convera Corporation (the "Company") on Form 10-K for fiscal year ended January
31, 2010 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Matthew G. Jones, acting Chief Executive 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 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.








By: /s/ Matthew G.
Jones


Matthew
G. Jones


Acting
Chief Executive Officer


May 18,
2010
EXHIBIT 13.2 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 Amended Shell Company Report of China Linen Textile Industry, Ltd. (the "Company") on Form 20-F/A for the Event dated July 9, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Huang Xiaofang, 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 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/ Huang XiaofangHuang Xiaofang, Chief Financial Officer April 26, 2010
Exhibit 32.1

CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Annual Report on Form 10-KSB of QRS Music Technologies, Inc. for the year ended June 30,
2003, I, Ann Jones, Chief Financial Officer of QRS Music Technologies, Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

(1)   such
Annual Report on Form 10-KSB for the year ended June 30, 2003, fully complies with the requirements of Sections 13(a) or
15(d) of the Securities Exchange Act of 1934; and

(2)   the
information contained in such Annual Report on Form 10-KSB for the year ended June 30, 2003, fairly presents, in all material respects, the
financial condition and results of operations of QRS Music Technologies, Inc.

| |  | /s/ANN JONESAnn Jones Chief Financial Officer
| |  | ---------------------------------------------

September 26,
2003

A
signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the
electronic version of this written statement required by Section 906, has been provided to QRS Music Technologies, Inc. and will be retained by QRS Music Technologies, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

32

---

QuickLinks
EXHIBIT 32.1

                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 Annual Report of Interactive Games, Inc. (the
"Company") on Form 10-KSB for the year ended July 31, 2005 as filed with the
Securities and Exchange Commission (the "Report"), I, Henry Fong, CEO of the
Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to SS. 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 result of operations of the Company.


                                 /s/ Henry Fong
                                 -----------------------------------------------
                                 Henry Fong, CEO and principal executive officer
                                 December 15, 2005
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Brent Jvon Graves

, * From the 142nd District Court

of Midland County,

Trial Court No. CR

- 53, 374

.

Vs

. No. 11

- 20

- 00 25 2

- CR * December 18 , 20 20

The State of Texas, * Per Curiam Memorand um Opinion

(P anel consists of: Bailey , C.J.,

Trotter , J., and Wright, S.C.J.,

sitting by assignment )

( Willson , J., not participating)

This court has inspected the record in this cause and concludes that t he appeal

should be dismissed for want of jurisdiction. Therefore, in accordance with this

court’s opinion, the appeal is dismissed.
No. 57855.

protests 982891-G, etc. (New York).

#### S. H. Kress *&*Co. et al. *v.*United States,

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of animal or human figures composed wholly or in chief value of papier máché the same in all material respects as those the subject of Abstract 56975, the claim of the plaintiffs was sustained.
# Cooley

M . An ne S w a ns on + 1 202 776 2534 aswan son @cooley.com

. January 8, 2016 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington , DC 20590 

### RE: Applications of AeroVironment, Inc. for Amendment to Exemptions Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Regulatory Docket No. FAA-2014-0715 Regulatory Docket No. FAA-2015-0214 Exemptions of AeroVironment, Inc. Granted Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Regulatory Docket No. FAA-2014-0715 Regulatory Docket No. FAA-2014-0762 Regulatory Docket No. FAA-2015-0214 Regulatory Docket No. FAA-2015-0330 Dear Sir or Madam : On behalf of AeroVironment, Inc. ("AV"), we request that the FAA substitute the undersigned as counsel for AV in connection with AV's applications for amendment to exemptions under Section 333 of the FAA Reform Act in dockets FAA-2014-0715, filed on December 17,2014, and FAA-2015-0214, filed on January 30, 2015. Jonathan Hill, formerly of this firm , has retired effective December 31, 2015. In addition, we request that the FAA substitute the undersigned as counsel for AV in connection with AV's applications for exemption in dockets FAA -2014-0715 granted on April1 2015, FAA2014-762, granted on April 1, 2015, FAA-2015-0214 granted on April 27, 2015 and FAA-2015- 0330, granted on May 11 , 2015. The FAA may contact us as follows : M. Anne Swanson J.G . Harrington Cooley LLP 1299 Pennsylvania Avenue , NW Suite 700 Washington, D.C. 20004

1299 PE NNSYL VAN IA AVEN UE . NW, SUITE 700. WAS HINGTON. DC 20004-2400 T : (202) 842-7800 F: (202) 842-7899 WWW.CO OLEY.CO M

# Cooley January 8, 2016 Page Two (202) 776-2534 (Swanson) (202) 776-2818 (Harrington) aswanson@cooley.com jgharrington@cooley.com Please inform us if any questions should arise in connection with this request. 

## 1_

_ **Ve ly**  yours,



# ~~ J .G . Harrington Counsel for AeroVironment , Inc. cc: Rick May Jake Troutman Dean Griffith, Esq. Dan Ngo 126340365 v1

1299 PENNSYLVANIA AVE NU E, NW, SUITE 700, WASHINGT O N, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY .COM
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 Annual Report of Intrepid Holdings, Inc. (the "Company")
      on
      Form 10-KSB for the year ended December 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Toney Means,
      President 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 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 aspects,
      the financial condition and results of operations of the Company.








Date: March
      30,
      2007






/s/
      Toney Means


Toney
      Means


President