alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 51281.

#### Protests 977742-G, etc., of New York Merchandise Co., Inc. (New York).

Opinion by

Lawrence, J.

Prom the uncontradicted evidence it was held that the Christmas tree lamps similar in all material respects to those the subject of *New York Merchandise Co., Inc.*v. *United States*(16 Cust. Ct. 148, C. D. 1003) and the brass-base shells the same as those involved in *New York Merchandise Co., Inc.*v. *United States (8*Cust. Ct. 209, C. D. 607) are dutiable at 35 percent under paragraph 353 as parts of articles having as an essential feature an electrical element or device, such as signs. Bicycle horns similar to those the subject of *Spiegel Bros. Corp.*v. *United States*(9 Cust. Ct. 194, C. D. 692) were held dutiable at 30 percent under paragraph 371 as parts of bicycles. The protests were sustained to this extent. -
Exhibit 32.2

Certification of the 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 Annual Report of American Apparel Inc. (the Company) on Form 10-K for the year ended December 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Ken Cieply, 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) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934.

(2) The information contained in the report fairly presents, in all material respects, the financial condition and results of operations
of the Company as of and for the period covered by the Report.

Date: March 17, 2008



|                       
|-----------------------
|/s/    KEN
CIEPLY.     
|Ken Cieply             
|Chief Financial Officer
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO 18 U.S.C. 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned,Rodger Weismann, Chief Financial Officer of Phase Forward Incorporated (the “Company”),in connection with the Company’s Quarterly Report on Form 10-Q for theperiod ended March 31, 2005 (the “Report”), as filed with the Securitiesand Exchange Commission on the date hereof, hereby certifies pursuant to therequirements of 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that

·       theReport fully complies with the requirements of Section 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the “ExchangeAct), and

·       the information in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

This certification isbeing provided pursuant to 18 U.S.C. 1350 and is not to be deemed a part of theReport, nor is it to be deemed to be “filed” for any purpose whatsoever.
|        | By:    | /s/ RODGER  WEISMANN                                         |   |
|--------|--------|-------------------------------------------------------------------|--------|
|   |   | Rodger Weismann                                                   |
|   |   | *Chief Financial Officer*Phase Forward Incorporated

May 10, 2005 |

 

----
No. 62405.

#### Francis Luka *v.*United States,

protest 58/448 (San Francisco).

Opinion by

Ford, J.

The protest was dismissed.
<TABLE> <S> <C>



<ARTICLE> 5
<CURRENCY> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             DEC-29-1997
<PERIOD-END>                               JUN-28-1998
<EXCHANGE-RATE>                                   1000
<CASH>                                           1,802
<SECURITIES>                                         0
<RECEIVABLES>                                      825
<ALLOWANCES>                                         0
<INVENTORY>                                        362
<CURRENT-ASSETS>                                 3,824
<PP&E>                                          16,531
<DEPRECIATION>                                   2,297
<TOTAL-ASSETS>                                  34,265
<CURRENT-LIABILITIES>                           17,661
<BONDS>                                          2,159
<PREFERRED-MANDATORY>                           18,285
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                     (4,079)
<TOTAL-LIABILITY-AND-EQUITY>                    34,265
<SALES>                                         32,937
<TOTAL-REVENUES>                                32,937
<CGS>                                           26,296
<TOTAL-COSTS>                                   26,296
<OTHER-EXPENSES>                                 4,983
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 520
<INCOME-PRETAX>                                  1,203
<INCOME-TAX>                                        11
<INCOME-CONTINUING>                                847
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                       847
<EPS-PRIMARY>                                     0.15
<EPS-DILUTED>                                     0.13
        

</TABLE>
Page 1 of 3

Disposition Comments

Docket No: FAA-2012-0083 These comments are in

Directorate ID: 2010-SW-022-AD response to an SNPRM

Originating Office Tracking No.: 

Next Step: FRAN SNPRM

 No Comments/Only Supportive Comments Received – If this box is checked, no signatures are 

required.

 Has the referenced service information been revised since the NPRM was issued? If yes, 

list latest revision and attach a copy. Note that changes beyond the scope of the previously 

published NPRM will require a new notice. Contact the Directorate focal point for guidance.

Instructions: Summarize all comments by issue (not by commenter) and provide your recommended resolution of 

each issue. All comments relating to the same issue should be discussed together. Do not list all of the issues 

from one commenter together. If changes to the AD are required based on the comments received, explain why and 

describe in detail what change(s) you recommend. Reference FAA-IR-M-8040.1C Chapter 9.

ISSUE 1: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD: 

If NO, we don’t agree because 

ISSUE 2: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD:
Page 2 of 3

If NO, we don’t agree because 

For additional issues, double-click here
Page 3 of 3

Signature Section

Signature indicates concurrence with this action.

Originating Office Tracking No.: 

ASE Printed Name: Date

Branch Manager Date
# [PROTECTIVE LIFE AND
ANNUITY INSURANCE COMPANY LETTERHEAD]

# EXHIBIT 32(b)

# CERTIFICATION PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly
Report of Protective Life and Annuity Insurance Company (the Company) on Form
10-Q for the period ending March 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (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. RitchieExecutive
Vice President and      Chief Financial OfficerMay 17, 2004

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.
Exhibit 32.2





SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER


In connection with this Annual Report of Live Nation Entertainment, Inc. (the “Company”) on Form 10-K/A (Amendment No. 1)  for the year ended December 31, 2017 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kathy Willard, 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 results of operations of the Company.








Date:June 29, 2018By:/s/ Kathy WillardKathy WillardChief Financial Officer


A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
FILED United States Court of Appeals Tenth Circuit 

### December 23, 2013 Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. RENÉ MADRID-APODACA, Defendant - Appellant. No. 13-2171 (D.C. No. 2:13-CR-02515-JB-1) (D. N.M.)

ORDER AND JUDGMENT *
Before HARTZ , O’BRIEN , and GORSUCH , Circuit Judges. After René Madrid-Apodaca pleaded guilty to illegally reentering this country after a prior deportation, he and the government agreed to a sentence of between two and eight months. In considering the various sentencing factors prescribed by 18 U.S.C. § 3553(a), however, the district court judged a nine month sentence more appropriate. The court emphasized, among other things, Mr. Madrid-Apodaca’s record of recidivism and the need for deterrence — noting

* After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. 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.that Mr. Madrid-Apodaca had already been removed for illegally entering this country five times, and that an eight month sentence he received for a prior reentry failed to deter this reentry. Before us, Mr. Madrid-Apodaca has filed a 49-page brief arguing that the district court’s announced sentence, one month more than he agreed to, is substantively unreasonable. But a district court’s substantive judgment at sentencing is reviewed on appeal only under a highly deferential abuse of discretion standard — a standard this court deems presumptively satisfied where, as here, the district court’s sentence itself falls below the range recommended by the advisory guidelines. See United States v. Gutierrez-Gonzalez , 271 F. App’x 786, 788 (10th Cir. 2008); cf
. United States v. Kristl , 437 F.3d 1050, 1055 (10th Cir. 2006). After carefully reviewing Mr. Madrid-Apodaca’s submission, we cannot conclude he has borne his burden of overcoming that presumption and we thus affirm.

ENTERED FOR THE COURT

Neil M. Gorsuch Circuit Judge

- 2 -
Exhibit 99

                    ADVANCED MARKETING SERVICES ANNOUNCES INVESTIGATION



SAN DIEGO,  CALIFORNIA,  JULY 23,  2003 / PR  NEWSWIRE  / -  Advanced  Marketing
Services,  Inc. (NYSE: MKT), a leading global provider of customized services to
book  retailers  and  publishers,  disclosed  that a search  warrant and related
subpoena  were issued by the U.S.  District  Court for the Southern  District of
California,  and were served today at its corporate headquarters seeking records
limited to the company's advertising services.

Michael M. Nicita,  President and CEO,  commented,  "The company is  cooperating
fully  with  the  investigation  and,  based  on our  own  prior  review  of our
advertising  services,  believes  it has not engaged in any  wrongdoing.  We are
confident that, after reviewing the records, the authorities will reach the same
conclusion."


                     ABOUT ADVANCED MARKETING SERVICES, INC.

Headquartered in San Diego,  California,  Advanced Marketing Services (AMS) is a
leading  global  provider of  customized  wholesaling,  distribution  and custom
publishing  services to the book industry.  The Company provides a full range of
value-added  services that provide AMS's  customers  with book buying advice and
expert supply chain management,  including  advertising and promotional support,
to ensure the success of their book programs.  AMS'  proprietary  Vendor Managed
Inventory  (VMI)  software is a unique tool that allows its book  specialists to
efficiently  and  effectively  manage global book  distribution  systems for the
benefit  of its  warehouse  clubs and  bookstore  customers.  AMS has  extensive
operations  in the U.S.,  Canada,  Mexico,  Singapore,  the United  Kingdom  and
Australia and employs approximately 1,700 people worldwide.

Recent press releases on Advanced Marketing Services, Inc. are available on both
the Company's Website, WWW.ADVMKT.COM, and on PR Newswire, WWW.PRNEWSWIRE.COM.

FORWARD-LOOKING  STATEMENTS  IN THIS NEWS RELEASE ARE MADE UNDER THE SAFE HARBOR
PROVISIONS  OF  THE  PRIVATE  SECURITIES  LITIGATION  REFORM  ACT OF  1995.  ALL

<PAGE>

STATEMENTS  OTHER  THAN  STATEMENTS  OF  HISTORICAL  FACT  ARE   FORWARD-LOOKING
STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES. CERTAIN IMPORTANT FACTORS COULD
CAUSE RESULTS TO DIFFER MATERIALLY FROM THOSE ANTICIPATED BY THE FORWARD-LOOKING
STATEMENTS INCLUDING FACTORS DISCUSSED FROM TIME TO TIME IN REPORTS FILED BY THE
COMPANY WITH THE SECURITIES AND EXCHANGE COMMISSION.


FOR FURTHER INFORMATION:

INVESTOR RELATIONS:                         MEDIA CONTACTS:
------------------                          --------------
Chuck Williams                              The McQuerter Group
Director of Investor Relations              Greg McQuerter or Tina Wilmott
Advanced Marketing Services, Inc.           (858) 450-0030 x140
(858) 450-3545                              TWILMOTT@MCQUERTER.COM
CHUCKW@ADVMKT.COM HTTP:///
<PAGE>   1


                                                                  Exhibit 23.1FD

                             CONSENT OF INDEPENDENT
                          CERTIFIED PUBLIC ACCOUNTANTS


We hereby consent to the use in the Prospectus/Proxy Statement constituting a
part of Futech Interactive Products, Inc. and Futech Toys and Games, Inc's
Registration Statement on Form S-4 of our report dated March 17, 1999, relating
to the financial statements of Fundex Games, Ltd., which are contained in the
Prospectus/Proxy Statement.

We also consent to the reference to us under the caption "Experts" in the
Prospectus/Proxy Statement.


                                                            /s/ BDO Seidman, LLP
Chicago, Illinois
August 5, 1999
N O T FO R PUB L ICAT IO N UNITED STATES C OURT OF APPEALS FOR THE NINTH C IR C UIT
ELIZAB ETH EVON NIC HOLS, Plaintiff - Appe lla nt,
v. C ITY OF POR T LAND; e t a l., De fe nda

nts - Appe lle e s. No. 13-35987 D.C . No. 3:12-c v-01889-M O
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for theDistric t of Ore gon M i c ha e l W . M osm a

n, Distric t Judge , Pre siding Subm itte d Nove m

be r 5, 2015 ** Portla nd, Ore gon B e fore : KOZINSKI, B E R ZON, a nd WATFORD, C irc uit Judge s. Eliz a be th Evon Nichols a

ppe a ls from

a jury ve rdic t e nte re d a ga i nst he r following a

tria l on he r c la im s unde r 42 U.S.C . § 1983. On a ppe a l, shec ha lle nge s only the distric t c ourt’ s form

ulation of two jury

instruc t ions, one pe rta ining to



# FIL ED
N OV 13 2015 M OLLY C. DW Y ER, CLERK U

. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).Pa ge 2 of 3

whe the r the offic e rs’ use of forc e a ga inst her wa s re a sona b le and a n othe r stating the e le m e nts of a

First Am e ndm e nt re ta lia

tion c la im unde r § 1983. 1. W e ne e d not de c ide whe the r Nic hols pre s e rve d he r obje c tion to the distric t c o urt’ s “ le a s t intrusivea lte rnative ” instruc tion. Re ga rdle ss of our sta

nda rd of re v ie w, tha

t instruc tion wa s ne i the r m isle a ding nor a n inc orre c t sta

te m e nt of the la w. Se e Hunte r v . C

ty . of Sac rame nto , 652 F.3d 1225, 1232 (9th C ir. 2011). The distric t c o urt prope rly

instruc t e d the jury

to c o nside r whe t

he r the offic e rs’ use of forc e wa s obje c tive ly

re a sona ble unde r the tota lity

of the c i rc um sta

nc e s. Se e Graham v . C

onnor , 490 U.S. 386, 396–97 (1989). Nic hols a rgue s tha t the“ le a st intrusivea lte rnative ” instruc tion wa s e rrone o u s be c a use it did not expre ssly instruc t thejury to ba la

nc e the forc e use d a ga inst thea ppa re nt ne e d for forc e . The im m e diate ly pre c e ding instruc tion m a de c le ar, howe ve r, tha t thejury wa s to
c onside r thosefa c tors in de te rm ining whe the r theoffic e rs’ use of forc e wa s
re a s ona ble
. 2. Nor did thedistric t c ourt e rr by instruc ting thejury

tha t, in orde r to find Se rge a nt M c Danie l lia

ble for First Am e ndm e nt re ta lia t ion, it ne e de d

to find tha

t his de sire to c hill Nic hols’ s spe e c h wa s a “ substa ntia l or m otiva

t ing fa c tor for [his]
a c tion.”The c ourt’ s instruc tion c orre c tly re fle c t e d our c a se la

w c onc e rning the
c a usation e le m e nt of a

First Am e ndm e nt re ta l iation c l a im brought by

a priva tePa ge 3 of 3

pla i ntiff unde r § 1983. Se eLac e y v . Maric opa C

ty
. , 693 F.3d 896, 916–17 (9th C ir. 2012) (e n ba

nc ); Sk oog v . C ty . of C lac k amas , 469 F.3d 1221, 1231–32 (9th C ir. 2006). AFFIRM E D.
[ex_99z1002.gif]   [ex_99z1004.gif]   [ex_99z1006.gif]   [ex_99z1008.gif]   [ex_99z1010.gif]   [ex_99z1012.gif]   [ex_99z1014.gif]   [ex_99z1016.gif]   [ex_99z1018.gif]   [ex_99z1020.gif]   [ex_99z1022.gif]   [ex_99z1024.gif]   [ex_99z1026.gif]   [ex_99z1028.gif]   [ex_99z1030.gif]   [ex_99z1032.gif]   [ex_99z1034.gif]   [ex_99z1036.gif]   [ex_99z1038.gif]   [ex_99z1040.gif]   [ex_99z1042.gif]   [ex_99z1044.gif]   [ex_99z1046.gif]   [ex_99z1048.gif]   [ex_99z1050.gif]   [ex_99z1052.gif]   [ex_99z1054.gif]   [ex_99z1056.gif]   [ex_99z1058.gif]   [ex_99z1060.gif]   [ex_99z1062.gif]
I

106TH CONGRESS

1ST SESSION H. R. 106

To amend the Internal Revenue Code of 1986 to eliminate the tax on

the net capital gain of taxpayers other than corporations.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. KNOLLENBERG introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to eliminate

the tax on the net capital gain of taxpayers other than

corporations.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Job Creation Act of

5 1999’’.

6 SEC. 2. EXCLUSION OF NET CAPITAL GAIN OF TAXPAYERS

7 OTHER THAN CORPORATIONS.

8 (a) IN GENERAL.—Part I of subchapter P of chapter

9 1 of the Internal Revenue Code of 1986 (relating to treat-
2

•HR 106 IH

1 ment of capital gains) is amended by adding at the end

2 the following new section:

3 ‘‘SEC. 1203. EXCLUSION OF NET CAPITAL GAIN OF TAX4 PAYERS OTHER THAN CORPORATIONS.

5 ‘‘In the case of a taxpayer other than a corporation,

6 gross income shall not include an amount equal to the net

7 capital gain of the taxpayer for the taxable year.’’

8 (b) CONFORMING AMENDMENTS.—

9 (1) Section 1 of such Code is amended by strik10 ing subsection (h).

11 (2) Subsection (b) of section 55 of such Code

12 is amended by striking paragraph (3).

13 (3) Section 1222 of such Code is amended by

14 adding at the end the following new sentence:

15 ‘‘Determinations under this section shall be made before

16 the application of section 1203.’’

17 (4) The table of sections for part I of sub18 chapter P of chapter 1 of such Code is amended by

19 adding at the end the following new item:

‘‘Sec. 1203. Exclusion of net capital gain of taxpayers other than

corporations.’’

20 (c) EFFECTIVE DATE.—The amendments made by

21 this section shall apply to taxable years beginning after

22 December 31, 1998.

Æ
##### 



Exhibit 99.3
 Report of Independent Registered Public Accounting Firm on Compliance
 
 Report of
Management on Compliance Report of Management on Compliance




---



##### 



Report of Management on Compliance
  /s/ Ellen Z. Lamale




---



##### 



Exhibit A
Specified Standards
 I. Funding Agreement Payments
  1.
    calculated according to the terms of the Funding Agreement; and2.
    promptly paid, within two business days of the due date, to the Indenture
Trustee at the direction of the appropriate Principal Life Income Fundings Trust.
 II. Guarantee Payments in Support of the Payment of Amounts Due on the Funding Agreement
  1.
    calculated according to the terms of the Funding Agreement; and2.
    promptly paid, within two business days of the due date, to the Indenture
Trustee at the direction of the appropriate Principal Life Income Fundings Trust.
 III. Payments Under Indenture
Officer's
        Certificate
 SACO
        2005-5
  I,
        Sue
        Stepanek, Executive Vice President of EMC Mortgage Corporation, do hereby
        certify to the designated Trustee that in respect to the period ending November
        30, 2005, a review of the activities of EMC Mortgage Corporation ("EMC")
        during
        the preceding fiscal year or applicable portion thereof and its performance
        under the above referenced Pooling and Servicing Agreement has been made
        under
        my supervision. To the best of my knowledge, based on such review, EMC has
        fulfilled all of its obligations under this Agreement in all material respects
        throughout such year or portion thereof, or, if there has been a default
        in the
        fulfillment of any such obligation, specifying each such default known to
        such
        officer and the nature and status thereof.
  
 /s/
        Sue Stepanek
 Sue
        Stepanek, Executive Vice President
 
 2/15/06
 Date
 
 
 
 
 Two
                  MacArthur Ridge 909 Hidden Ridge Drive, Suite 200 Irving, Texas
                  75038Mailing
                  Address: P.O. Box 141358, Irving, Texas
                  75014-1358