alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(V. D. 91)

#### Reliance Merchandise Co., Inc. *v.*United States

Entry No. 710502, etc.

(Decided November 19, 1958)

*Siegel, Mandell & Davidson*for the plaintiff.

*George Cochran Doub,*Assistant Attorney General, for the defendant.

Olivee, Chief Judge:

This matter is before me on remand from classification proceedings decided by the first division of this court in *Reliance Merchandise Co., Inc.*v. *United States,*40 Cust. Ct. 485, Abstract 61670, and it has been submitted for decision on a written stipulation, reading as follows:

IT IS STIPULATED AND AGREED by and between counsel for the respective parties hereto, subject to the approval of the Court, that the merchandise involved in the protests enumerated on the schedule attached hereto and made a part hereof consists of a salt shaker, pepper shaker and glass tray, described on the invoice as Item 7A229, and was the subject of a judgment order and decision of the First Division of this Court in the case of *Reliance Merchandise Co. Inc. v. United States,*Abstract 61670, decided on March 12, 1958 wherein it is stated “On the agreed facts and following our decision in *John P. Herber & Co.*
      *469
      *Inc. v. United States,*30 Cust. Ct. 193, C. D. 1519, we dismiss the protests as having been prematurely filed so far as they relate to the merchandise in question, as hereinabove identified, and remand the matter, pursuant to the provisions of Title 28, U. S. C. § 2636 (d), for further proceedings before a single Judge sitting in reappraisement for determination of the value of the imported merchandise in the manner provided for by law”.

IT IS FURTHER STIPULATED AND AGREED that at the time of exportation of such merchandise to the United States the price at which such or similar merchandise was freely offered for sale to all purchasers in the principal market of the country from which exported in the usual wholesale quantity and in the ordinary course of trade for exportation to the United States were as follows:

ITEM 7A229

Salt & pepper shaker — ■

per gross net packed_$2. 28

Pressed and unpolished glass tray' — ■

per gross net packed_ . 90

Total value, net packed_$3. 18

IT IS FURTHER STIPULATED AND AGREED that this stipulation is limited to the item 7A229 embraced in the entries enumerated in the schedule attached hereto and that there was no higher foreign value for such or similar merchandise.

IT IS FURTHER STIPULATED AND AGREED that the above remand of protests may be deemed submitted for decision upon this stipulation.

On the agreed facts, I find export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for appraisement of the merchandise covered by invoice item 7A229, hereinabove identified, and I hold such dutiable value for each of the articles to be as hereinabove set forth in the stipulation of submission. Judgment mil be rendered accordingly.
EXHIBIT 31.1

                            SECTION 302 CERTIFICATION

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER

I, John R Signorello, Chief Executive Officer and Chief financial officer of
IceWEB Inc. certify that:

     1.   I have reviewed this annual report on Form 10-KSB of IceWEB, Inc.

     2.   Based on my knowledge, this annual 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 annual report;

     3.   Based on my knowledge, the financial statements, and other financial
          information included in this quarterly report, fairly present in all
          material respects the financial condition, results of operations and
          cash flows of the registrant as of, and for, the periods presented in
          this annual report.

     4.   I am responsible for establishing and maintaining disclosure controls
          and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14)
          for the registrant and have:

          a)   designed such disclosure controls and procedures to ensure that
               material information relating to the registrant, including its
               consolidated subsidiaries, is made known to us by others within
               those entities particularly during the period in which this
               annual report is being prepared;

          b)   evaluated the effectiveness of the registrant's disclosure
               controls and procedures as of a date within 90 days prior to the
               filing date of this annual report (the "Evaluation Date"); and

          c)   presented in this annual report our conclusions about the
               effectiveness of the disclosure controls and procedures based on
               our evaluation as of the Evaluation Date;

     5.   I have disclosed, based on our most recent evaluation, to the
          registrant's auditors and the audit committee of the registrant's
          board of directors: (or persons performing the equivalent functions)

          a)   all significant deficiencies in the design or operation of
               internal controls which could adversely affect the registrant's
               ability to record, process, summarize and report financial data
               and have identified for the registrant's auditors any material
               weaknesses in internal controls, and

          b)   any fraud, whether or not material, that involves management or
               other employees who have a significant role in the registrant's
               internal controls.

Date: January 13, 2005                  By: /s/ John R. Signorello
                                            John R. Signorello,
                                            Chief Executive Officer and Chief
                                            Financial officer
#### John R. Putnam, *Respondent, v.*Sylvanus D. Guion and Charles H. Cooper, *Appellants.*

Judgment affirmed, with costs. Mem. by Learned, P. J.
N OTE : This disposition is nonprecedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________
MARK DUNNING INDUSTRIES, INC., Plaintiff

- Appellant

v.

UNITED STATES, Defendant

- Appellee

ZERO WASTE SOLUTIONS, INC., Defendant

______________________

2019

- 1885

______________________
Appeal from the United States Court of Federal Claims in No. 1:18

- cv

- 01803

- CFL, Senior Judge Charles F. Lettow.

______________________

JUDGMENT

______________________

N ICHOLAS S OLOSKY
, Fox Rothschild LLP, Washington, DC, argued for plaintiff

- appellant. Also represented by
D OUGLAS H IBSHMAN

.

J OSEPH A LAN P IXLEY , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant

- appellee. Also Case: 19-1885 Document: 80 Page: 1 Filed: 10/19/2020represented by J EFFREY B. C LARK
, R OBERT E DWARD K IRSCHMAN
, J R
., F RANKLIN E. W HITE
, J R

.

______________________

T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (N EWMAN
, D YK
, and H UGHES
, Circuit Judges ).

AFFIRME D. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

October 19, 2020 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court Case: 19-1885 Document: 80 Page: 2 Filed: 10/19/2020
Q414 Exhibit 10.31








PROMISSORY NOTE
FOR VALUE RECEIVED, STRATUS LAKEWAY CENTER, L.L.C., a Texas limited liability company ("Borrower"), hereby promises to pay to the order of  PLAINSCAPITAL BANK or registered assigns ("Lender") in accordance with the provisions of the Loan Agreement (as hereinafter defined) the principal amount of each advance of the Loan from time to time made by Lender to Borrower under that certain Construction Loan Agreement dated as of September 29, 2014 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the "Loan Agreement;" the terms defined therein being used herein as therein defined), among Borrower, the Lenders from time to time party thereto, and PlainsCapital Bank, as Administrative Agent.
Borrower promises to pay interest on the unpaid principal amount of each advance of the Loan from the date of such advance until such principal amount is paid in full, at such interest rates and at such times as provided in the Loan Agreement.  All payments of principal and interest shall be made to Administrative Agent for the account of Lender in Dollars in immediately available funds at Administrative Agent's Office.  If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Loan Agreement.
This Note is one of the Notes referred to in the Loan Agreement, is entitled to the benefits thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein.  This Note is also entitled to the benefits of the Deed of Trust and is secured by the Project and the other collateral described in the Loan Agreement.  Upon the occurrence and continuation of one or more of the Events of Default specified in the Loan Agreement, all amounts then remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Loan Agreement.  Advances of the Loan made by Lender shall be evidenced by one or more loan accounts or records maintained by Lender in the ordinary course of business.  Lender may also attach schedules to this Note and endorse thereon the date, amount and maturity of its loans and payments with respect thereto.
Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor, notice of intent to accelerate, notice of acceleration and non-payment of this Note.
THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.


[The remainder of this page is left intentionally blank.  The signature page follows.]











STRATUS LAKEWAY CENTER, L.L.C.




By:__/s/ Erin D. Pickens______________________
      Erin D. Pickens
                                    Senior Vice President
Before the Second Division,

March 16, 1950

No. 54123.

#### Montgomery Ward & Co. *v.*United States,

protest 482358-G (St. Paul).

Opinion by

Rao, J.

The protest was dismissed.
p. 1 

# OAR Box 1828 Prepped by Ollie Stewart



### Document

Number: 

# 220 ) ll-K - (I ) -3 3 Docket Number: 

# A-83-2 7

Printed 11/12/2008 11:12:56

AM Sheet 220 of 325P. 2 

# /A \ 

# R 

# S 0 0 II-K-(I)-3 3

INDUSTRIAL BOILE R NSP S IMPAC T ANALYSI S FIRS T ROUND ALTERNATIV E REGULATOR YOPTIONS . EEA , Inc . Septembe r 10 , 1979 . THI S INFORMATION

CA N B E FOUND I

N DOCKE T A-79-02 , ITE

M II-K-(I)-3 3
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF JACOBSON STORES INC. AND CONSOLIDATED SUBSIDIARIES
FOR THE YEAR ENDED JANUARY 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                                     <C>
<FISCAL-YEAR-END>                                       JAN-30-1999
<PERIOD-START>                                          FEB-01-1998
<PERIOD-END>                                            JAN-30-1999
<PERIOD-TYPE>                                                  YEAR
<CASH>                                                        2,929
<SECURITIES>                                                      0
<RECEIVABLES>                                                32,749
<ALLOWANCES>                                                    598
<INVENTORY>                                                  90,454
<CURRENT-ASSETS>                                            131,798
<PP&E>                                                      177,864
<DEPRECIATION>                                               92,875
<TOTAL-ASSETS>                                              236,875
<CURRENT-LIABILITIES>                                        55,704
<BONDS>                                                      99,803
<COMMON>                                                      5,975
<PREFERRED-MANDATORY>                                             0
<PREFERRED>                                                       0
<OTHER-SE>                                                   64,962
<TOTAL-LIABILITY-AND-EQUITY>                                236,875
<SALES>                                                     444,305
<TOTAL-REVENUES>                                            444,305
<CGS>                                                       295,272
<TOTAL-COSTS>                                               295,272
<OTHER-EXPENSES>                                                  0
<LOSS-PROVISION>                                                885
<INTEREST-EXPENSE>                                            7,915
<INCOME-PRETAX>                                               2,515
<INCOME-TAX>                                                    880
<INCOME-CONTINUING>                                           1,635
<DISCONTINUED>                                                    0
<EXTRAORDINARY>                                                   0
<CHANGES>                                                         0
<NET-INCOME>                                                  1,635
<EPS-PRIMARY>                                                 0.28
<EPS-DILUTED>                                                 0.28
        

</TABLE>
FOR THE DISTRICT OF COLUMBIA

____________________________________ )

AHMAD MOHAMMAD AL DARBI

, )

)

P etitioner

, )

) Civil Action No. 05

- 2371 (RCL)

v. )

)

BARACK OBAMA, )

President of the United States, et al.

, )

)

Respondents

. )

____________________________________ )

ORDER

Upon conside ration of Petitioner ’ s unopposed motion [236] to suspend briefing schedule,

it is hereby ORDERED that the request is GRANTED. It is further

1. ORDERED that Petitioner ’ s counsel will notify Respondents ’ counsel

when the issues necessitating the suspension are res olved, and the parties will

work together to set and present the Court a mutually agreeable briefing

schedule at that time; it is further

2. ORDERED that Petitioner will not file his traverse until at least thirty

day have passed from the date on which Pet itioner ’ s counsel notifies

Respondents ’ counsel that the issues necessitating the suspension have been

resolved; it is further

3. ORDERED that Petitioner ’ s counsel shall be permitted to continue to

conduct expert discovery regardless of the suspension of t he briefing schedule.

SO ORDERED.

Signed by Royce C. Lamberth, Chief Judge, on February 9 , 2011.
No. 56009.

protest 166091-K (Baltimore).

#### C. H. Wilson *v.*United States,

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protest.
No. 51473.

#### Protests 120802-K (B), etc., of Julius Wile Sons & Co., Inc. (New York).

Opinion by

Keefe, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
- # -



EXHIBIT 12.1



- # -











CONSENT OF INDEPENDENT CHARTERED ACCOUNTANTS



We consent to the reference to our name under the caption Statement by Experts and to the inclusion in Exhibit 12.6 of this Amendment No. 2 to the Annual Report on Form 20-F of Rio Narcea Gold Mines, Ltd. of our report dated October 25, 2002 with respect to the consolidated financial statements of Rio Narcea Gold Mines, Ltd. for each of the years in the three-year period ended December 31, 2001.





/s/ Ernst & Young LLP



Toronto, Canada

March 31, 2003
No. 46759.

#### Protests 993275-G, etc., of Ciba Co., Inc. (New York).

Opinion by

Oliver, P. J.

It was stipulated that 45 percent of the Ultravon K. C. (Prep. 6051 Cone. Pat.) consists of merchandise subject to a tax of 3 cents per pound under section 701 and that 55 percent consists of merchandise not covered by any of the provisions of the internal revenue laws. In accordance therewith the court held that the merchandise is dutiable at 4%oo of 3 cents per pound on the entire weight in accordance with the provisions of section 701. The protests were sustained accordingly.
No. 45019.

#### Protests 896824-G, etc., of Frank P. Dow Co., Inc. (Los Angeles).

Opinion by

Evans, J.

On the authority of *Lamborn*v. *United States*(27 C. C. P. A. 46, C. A. D. 60) the protests were dismissed.
**Exhibit 12.1** **Mediacom    Communications Corporation and Subsidiaries** **Schedule    of Computation of Ratio of Earnings to Fixed Charges**                        **For the Year Ended December 31,**   **2006**  **2005**  **2004**  **2003**  **2002**   **(In thousands, except ratio amounts)**  Earnings:                        (Loss) income before income taxes         $    (65,188    )     $    (24,965    )     $    13,628      $    (62,051    )     $    (161,458    )Interest expense, net          227,206       208,265       192,740       190,199       188,304 Amortization of capitalized    interest          2,678       2,357       2,055       2,083       611 Amortization of debt issuance costs          5,998       8,613       8,725       6,696       7,183 Interest component of rent    expense(1)          5,755       5,267       4,931       4,583       3,968 Earnings available for fixed    charges         $    176,449      $    199,537      $    222,079      $    141,510      $    38,608 Fixed Charges:                        Interest expense, net          227,206      $    208,265      $    192,740      $    190,199      $    188,304 Capitalized interest          3,603       3,756       3,012       6,957       6,778 Amortization of debt issuance costs          5,998       8,613       8,725       6,696       7,183 Interest component of rent    expense(1)          5,755       5,267       4,931       4,583       3,968 Total fixed charges         $    242,562      $    225,901      $    209,408      $    208,435      $    206,233 Ratio of earnings to fixed charges              —       1.06       —       — Deficiency of earnings over fixed    charges         $    (66,112    )     $    (26,364    )     $    —      $    (66,925    )     $    (167,625    )      (1)     A reasonable approximation (one-third) is deemed to be the    interest factor included in rental expense.
October 2, 2015

Mr. Vasiley Udolkin

11041 Southwest 143rd Court

Miami, FL 33186

Dear Mr. Udolkin:

This letter is to inform you that we are unable to process your petition for an exemption from 

§§ 61.113(a) and (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

and (2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). It explains 

why we cannot process your request and what you should do in the next 30 days.

Why We Cannot Process Your Request

We received your July 10, 2015, exemption request filed in Docket No. FAA−2015−2847, but 

we are unable to process your request any further. Your petition does not comply with the 

requirements of § 11.81 (copy enclosed). For us to consider the request any further, you must 

send us all of the following:

 The reasons why granting the request would be in the public interest; that is, how it would

benefit the public as a whole.

 The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption.

 Any additional information, views, or arguments available to support your request.

For more detailed information relating to submitting petitions for exemption, please visit 

http://aes.faa.gov/petition/index.html. This website helps the petitioner to meet Federal 

Aviation Administration (FAA) requirement outlines in § 11.81 and helps answer any 

questions you may have.
2

What You Should Do

If you want us to process your request any further, you must submit the requested information 

within 30 days. Please note that § 11.63(d) requires you to send your petition for exemption 

at least 120 days before the proposed effective date of the exemption. 

If We Do Not Hear From You

If we do not receive the information, we will close the docket without notifying you further. 

If you have any questions you may call the 333 Information Line (202) 267-2999.

Sincerely,

/s/

Brittany Newton

Program Analyst, Airmen and

 Airspace Rules Division

Enclosures
3
4
Before the First Division,

July 21, 1943

No. 48572.

#### Protest 99091-K of New York Merchandise Co., Inc. (New York).

Opinion by

Oliver, P. J.

It was stipulated that the atomizers in question are in chief value of decorated glass, similar to those involved in Abstract 44140. The claim at 60 percent under paragraph 218 (f) was therefore sustained.
#### JOAN BYERS, *ET ALS.,*PETITIONERS-RESPONDENTS, v. THE BOARD OF EDUCATION OF THE CITY OF BRIDGETON, RESPONDENT-PETITIONER.

*Mr. Thomas P. Cook*for the petitioner.

*Mr. Arthur J. Sills*and *Mr. Stephen G. Weiss*for the respondents.

January 8, 1968.

Denied.
Before the Third Division,

April 26, 1949

No. 53059.

#### Kaufmann Department Stores, Inc. *v.*United States,

protest 49357-K (Pittsburgh).

*292Opinion by

Ekwall, J.

It was stipulated that the issue herein is the same' in all material respects as that presented in *Mamary Bros., Inc.*v. *United States*(21 Cust. Ct. 135, C. D. 1142). In accordance therewith it was held thatthe currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on entries 2, 636, and 638. The protest was sustained to this extent.