alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 57364.

protest 179468-K/ 14043 (New Orleans).

#### W. R. Zanes & Co. of La., Inc. *v.*United States,

Johnson, Judge:

The merchandise at issue consists of chinaware invoiced as “Art. No. 654/100 International Kids.” The articles were contained in 2 cases, packed 1 pair in a box and 12 gross pairs in case N-7202, and 8 gross pairs in case N — 7203. The articles were advisorily classified as decorated porcelain tableware “salt and pepper,” and duty was assessed at 10 cents per dozen pieces and 70 per centum ad valorem under paragraph 212 of the Tariff Aci of 1930. The plaintiff claims that the articles are chinaware ornaments and, therefore, properly dutiable under said paragraph at the ad valorem rate of 70 per centum only.

At the trial in New York, Emanuel Rivkin, general manager of Langfelder, Homma & Carroll, Inc., the importer, testified on behalf of the plaintiff that he submitted the invoice papers to the plaintiff to enter for the account of his firm; that the importer has handled such articles for 2 or 3 years and is fully familiar with the items in question. He testified that there are several styles of these international kids, representing different countries, and that they were not salts and peppers, but ornaments. A representative sample was marked in evidence *466as collective illustrative exhibit 1, as illustrative of the imported merchandise. This article has no holes in the top such as in a salt or pepper shaker and no hole in the bottom in which to insert a cork. The item used as an illustration, however, was not imported as a part of the shipment in question. The witness admitted that he had never seen the articles contained in the cases in question as they were delivered directly to their customers. He was positive that in his experience he had never had an importation of these international kids in the form of salts and peppers, although he admitted that in the rush of business such items might have been shipped by mistake.

The case was transferred to the port of New Orleans, where it had been entered, and Richard B. Cromwell, examiner of the merchandise,, testified on behalf, of., the Government that he had opened case numbered 7203 and found “Porcelain figure with holes on top and cork on the bottom and you can put a cork in the bottom and it is to put salt and pepper in.” When shown collective illustrative exhibit 1, the witness testified that it was not the type of article he found in the case. The witness further testified that he only examined the articles in case 7203, and he assumed that the merchandise in case 7202 was the same.

In view of the evidence before the court, it is clear that case 7203 contained salts and peppers and not ornaments, as claimed by the importer. As for the articles contained in case 7202, there is nothing before us to establish that the articles are not like those observed by the examiner in case 7203. The presumption of correctness of the classification of the articles as tableware, in the absence of evidence to the contrary, has not been overcome. Therefore, we are constrained to enter judgment in favor of the Government.
EXHIBIT 99.4 

 

**ALESTRA, S. DE R.L. DE C.V.**

 

**SECTION 906 CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

I, Rolando Zubirán Shelter, the Chief Executive Officer of Alestra, S.de R.L. de C.V. (the “Company”), hereby certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that: 

 

1.    the Company’s annual report on Form 20-F for the year ended December 31, 2002, to which this statement is filed as anexhibit (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 ofoperations of the Company. 

 

 

 

Date: March 31, 2003 

 

 

/S/    ROLANDO ZUBIRÁN SHELTER

                                                                                           

**RolandoZubirán Shelter**

**Chief Executive Officer**
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8408 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8408

 To designate the facility of the United States Postal Service located 
    at 290 NW Peacock Boulevard in Port St. Lucie, Florida, as the 
             ``Trooper Zachary Fink Post Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2024

 Mr. Mast (for himself, Mr. Dunn of Florida, Mr. Bilirakis, Mr. Scott 
    Franklin of Florida, Mr. Donalds, Mrs. Cherfilus-McCormick, Ms. 
  Wasserman Schultz, and Ms. Salazar) introduced the following bill; 
  which was referred to the Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
    at 290 NW Peacock Boulevard in Port St. Lucie, Florida, as the 
             ``Trooper Zachary Fink Post Office Building''.

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

SECTION 1. TROOPER ZACHARY FINK POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 290 NW Peacock Boulevard in Port St. Lucie, Florida, shall 
be known and designated as the ``Trooper Zachary Fink Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Trooper 
Zachary Fink Post Office Building''.
                                 <all>
```
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: THE STATE OF TEXAS,

 

 Relator.

§

§

§

§

§

§

No. 08-19-00183-CR

AN ORIGINAL PROCEEDING

IN MANDAMUS

O R D E R

Pending before the Court is the State’s motion for the court reporter to file in this 

mandamus proceeding the sealed and in camera record of an ex parte hearing conducted by the 

trial court on July 8, 2019 in cause number 20190D01508, styled The State of Texas v. Kevin 

Quezada. The motion is GRANTED. The reporter’s record is due to be filed on or before August

22, 2019. The sealed reporter’s record will be available exclusively for the use of the Court in 

ruling on the State’s petition for writ of mandamus. The Clerk of the Court is directed to ensure 

that the record is treated as an in camera record and that it not be made available to the attorneys 

representing the State. 

IT IS SO ORDERED this 1

stday of August, 2019.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.
6988

#### FRASIER & CO. v. CHARLESTON AND WESTERN CAROLINA RY. CO.

Carrier — Freight—Penalty.—A shipment of freight from a point within the State partly through another State to a point within this State is an interstate shipment, and in absence of proof of delay within the State, a State law providing a penalty for delay does not apply.

Before Gary, J., Abbeville, October term, 1907.

Affirmed.

Action by Frasier & Co. against Charleston and Western Carolina Railway Company. From judgment of Circuit Court, plaintiff appeals.

*Mr. Wm. N. Gray don,*for appellant,

cites: *Is this cm interstate shipment?*145 U. S., 192; 162 U. S-, 650’; 173 U. S., 285; 75 S. C., 276; 169 U. S., 133, 311.

*Mr. Wm. P. Greene,*contra,

cites: *Court properly held this to be cm interstate shipment:*29 S'. C., 510 ; 187 U. S., 617; 18 Fed., 13 ; 3 F. R. A., 238; 7 Inters. Com. R., 92, *163160, 161; 17 E. R. A., 433; 4 Inters. Com. R., 403; 34 S. W., 1003 ; 33 L. R. A., 570; 145 U. S., 193; 143 U. S., 317.

August 4, 1908.

The opinion of the Court was delivered by

Mr. Justice Jones.

This action was brought to recover damages and for penalty under the act of 1904 for delay in the transportation! of a car of fertilizers from Yemassee, in this State, to Mt. Carmel, in this State, the necessary route, however, lying partly in the State of Georgia, by way of Augusta. There was no evidence that the delay occurred within this State. Judgment was allowed by consent for ten dollars damages, but judgment for penalty was denied by Judge Ernest Gary, who' held that the transportation was interstate and that the statute, being limited to transportation within the State, did not apply.

The plaintiff’s exceptions must be overruled under the cases of *Sternberger*v. *Cape Fear, etc., Ry.,*29 S. C., 510, 7 S. E., 836, 2 L. R. A., 105; *Hanley*v. *Kansas City R. Co.,*187 U. S., 617, and the case of *Hunter*v. *Charleston and Western Carolina Ry. Co., post,*169.

The judgment of the Circuit Court is affirmed.
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 Amendment No. 1 to the Annual Report on Form 20-F  of Rio Narcea Gold Mines, Ltd. for the year ended December 31, 2001, as filed with the Securities and Exchange Commission on the date hereof (the Amended Annual Report), I hereby 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 Amended Annual Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and



2.  The information contained in the Amended Annual Report fairly presents, in all material respects, the financial condition and results of operations of the registrant.





Date:  April 10, 2003





/s/ Alberto Lavandeira



Alberto Lavandeira

President and Chief Executive Officer
Exhibit 12

                    MSW ENERGY HOLDINGS LLC AND SUBSIDIARIES

               COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
                                  (Unaudited)

                           (in thousands of dollars)

                                                For the Three Months
                                                Ended March 31, 2004
                                              -------------------------

EARNINGS:
    Pre-tax loss from continuing operations
      before income from Ref-Fuel Holdings                    $(5,500)
    Add (deduct):
       Fixed charges                                            5,055
       Distributed earnings of Ref-Fuel
        Holdings                                               23,904
                                              -------------------------

    Earnings, as adjusted                                     $23,459
                                              =========================

FIXED CHARGES:
    Interest expense                                           $4,250
    Accretion of Duke Agreement                                   512
    Deferred financing fees                                       293
                                              -------------------------
    Fixed charges                                              $5,055
                                              =========================

RATIO OF EARNINGS TO FIXED CHARGES:                              4.64  x
                                              =========================
Exhibit 12


                    MSW ENERGY HOLDINGS LLC AND SUBSIDIARIES

               COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
                                   (Unaudited)

                            (in thousands of dollars)

                                               For the Three        For the Six
                                                Months Ended        Months Ended
                                               June 30, 2004       June 30, 2004
                                               -------------       -------------

EARNINGS:
   Pre-tax income from continuing operations
    before adjustment for minority interest
    in consolidated subsidiary                 $      12,824       $     11,863

   Add (deduct):
      Earnings attributable to Ref-Fuel
        Holdings prior to consolidation               (2,006)            (6,545)
      Fixed charges                                   13,237             18,292
      Distributed earnings of Ref-Fuel
        Holdings prior to consolidation                7,470             31,374
                                               -------------       -------------

   Earnings, as adjusted                       $      31,525       $     54,984
                                               =============       =============

FIXED CHARGES:
   Interest expense                            $      13,237       $     18,292
                                               -------------       -------------
   Fixed charges                               $      13,237       $     18,292
                                               =============       =============

RATIO OF EARNINGS TO FIXED CHARGES:
                                                        2.38x              3.01x
                                               =============       =============
I 

118TH CONGRESS 

2D SESSION H. R. 8480 

To require agencies to update mortgage underwriting programs, guidelines, 

standards, and systems to require lenders to consider, in the mortgage 

credit evaluation process, any amounts a borrower has in any brokerage 

account associated with a cryptocurrency exchange. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2024 

Ms. MACE (for herself and Mr. KHANNA) introduced the following bill; which 

was referred to the Committee on Financial Services, and in addition to 

the Committee on Veterans’ Affairs, 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 require agencies to update mortgage underwriting programs, guidelines, standards, and systems to require 

lenders to consider, in the mortgage credit evaluation 

process, any amounts a borrower has in any brokerage 

account associated with a cryptocurrency exchange. 

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 ‘‘American Homeowner 

5 Crypto Modernization Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8480 IH

1 SEC. 2. CONSIDERATION OF CRYPTOCURRENCY EXCHANGE 

2 BROKERAGE ACCOUNT AMOUNTS. 

3 (a) IN GENERAL.—Not later than the expiration of 

4 the 24-month period beginning on the date of the enact5 ment of this Act, each head of a covered agency shall, up6 date the automated mortgage underwriting programs, 

7 guidelines, standards, and systems of such covered agency 

8 in a manner to require participating mortgage lenders to 

9 consider, in the mortgage credit evaluation process, any 

10 amounts in United States dollars a borrower has in any 

11 brokerage account associated with a cryptocurrency ex12 change. 

13 (b) COVERED AGENCY.—The term ‘‘covered agency’’ 

14 means— 

15 (1) the Department of Housing and Urban De16 velopment; 

17 (2) the Department of Agriculture; 

18 (3) the Department of Veterans Affairs; and 

19 (4) the Federal Housing Finance Agency, ex20 cept that any requirement imposed by this section 

21 on such Agency or the Director of such Agency shall 

22 be treated as a requirement with respect to the 

23 mortgage underwriting programs or systems of the 

24 Federal National Mortgage Association and the Fed25 eral Home Loan Mortgage Corporation, to be im26 posed and enforced pursuant to the authority of 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 8480 IH

1 such Director and Agency to supervise and regulate 

2 such enterprises. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
----

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#### In the Matter of 114 Fenimore Associates, Appellant, v New York State Division of Housing and Community Renewal, Respondent.

[635 NYS2d 487]

—Appeal by the petitioner from a judgment of the Supreme Court, Kings County (Kramer, J.), dated June 4, 1994.

Ordered that the judgment is affirmed, with costs, for reasons stated by Justice Kramer at the Supreme Court. O’Brien, J. P., Pizzuto, Santucci and Krausman, JJ., concur.
No. 50528.

#### Protests 108664-K, etc., of Gaines Food Co. (New York).

Opinion by

Keefe, J.

It was stipulated that the merchandise consists of dog food similar in all material respects to that the subject of *Corporacion Argentina de Productores de Carnes*v. *United States*(32 C. C. P. A. 175, C. A. D. 304), which record was incorporated herein. In accordance therewith the protests were sustained as claimed.
#### George S. Scott and another, *Respondents, v.*Jane R. Stockwell, *Administratrix, etc.,*and others, *Appellants.*

Judgment affirmed,' with costs. Opinion by Davis, P. J. ;
Exhibit 32  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 Ableauctions.com, Inc. Annual Report 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, Abdul Ladha, Chief Executive Officer and 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, 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, as amended, 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 March 27, 2008  /s/ Abdul Ladha Abdul Ladha Chief Executive Officer & Chief Financial Officer
(Principal Executive Officer)
#### BERCHTOLD REALTY CO., INC., *ET AL.,*PLAINTIFFS-PETITIONERS, v. BOARD OF ADJUSTMENT OF BOROUGH OF PARAMUS, *ET ALS.,*DEFENDANTS-RESPONDENTS.

*Messrs. Wittman, Anzalone & Bernstein*for the petitioners.

Messrs. *Breslin & Breslin*for the respondents.

April 18, 1967.

Denied.
Before the Second Division,

July 1, 1940

No. 44073.

#### Protests 809316-G, etc., of W. V. Baron & Co. et al. (St. Louis).

*275Opinion by

Kincheloe, J.

On the authority of *Lamborn*v. *United States*(27 C. C. P. A. 46, C. A. D. 60) the protests were dismissed.
No. 38928.

#### Protests 933677-G/87545, etc., of Marshall Field & Co. (Chicago).

Opinion by

Kincheloe, J.

On the authority of *United States*v. *Field*(25 C. C. P. A. 308, T. D. 49422) and *Anniston*v. *Davis*(301 U. S. 337) the protests were dismissed.
*Honorable Patricia C. Fawsett, United States District Judge for the Middle District of Florida, 

sitting by designation.

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

_________________________

No. 10-10695

_________________________

D.C. Docket No. 9:09-cv-80594-WPD

THE CITY OF RIVIERA BEACH,

 Plaintiff-Appellee,

versus

THAT CERTAIN UNNAMED GRAY, TWO-STORY VESSEL

APPROXIMATELY FIFTY-SEVEN FEET IN LENGTH,

her engines, tackle, apparel, furniture, equipment and all other

necessaries appertaining and belonging in rem,

 Defendant,

FANE LOZMAN,

Claimant-Appellant.

__________________________

Appeal from the United States District Court for the

Southern District of Florida

__________________________

(August 26, 2013)

Before MARCUS and EDMONDSON, Circuit Judges, FAWSETT,* District Judge.

BY THE COURT:

Now before the Court are Appellant’s amended motion to remand this matter to district 

Case: 10-10695 Date Filed: 08/26/2013 Page: 1 of 2 
2

court for an evidentiary hearing and Appellee’s motion to strike Appellant’s reply in support of his 

motion for remand.

When this matter was last before us, we affirmed the district court judgment in favor of 

Appellee. However, the Supreme Court reversed, holding that the structure in question was not a 

“vessel” for purposes of admiralty law, and thus that the district court lacked subject matter 

jurisdiction over the City’s action (herein the “Admiralty Action”). See City of Riviera Beach v. 

That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 649 

F.3d 1259 (11th Cir. 2011), reversed sub nom Lozman v. City of Riviera Beach, -- U.S. --, 133 

S.Ct. 735 (2013). The Supreme Court expressly declined to remand for further proceedings. Id., 

133 S.Ct at 745-746.

Appellant has not shown that, despite the district court’s lack of subject matter jurisdiction 

over the underlying action, the court would nevertheless be authorized to award him damages and 

attorney’s fees. Appellant’s motion for remand is DENIED, without prejudice to his right to 

pursue in an appropriate forum any remedies that may be available to him.

Appellee’s motion to strike is DENIED.

The judgment of the district court is REVERSED, and this matter is REMANDED with 

instructions to dismiss the action for lack of subject matter jurisdiction.

Case: 10-10695 Date Filed: 08/26/2013 Page: 2 of 2
#### The People of the State of New York, Respondent, v Benjamin Rivera, Appellant.

[633 NYS2d 310]

—Judgment, Supreme Court, New York County (Jay Gold, J.), rendered May 24,1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41⁄2 to 9 years, unanimously affirmed.

*214Testimony that, prior to the charged sale, defendant separately directed five individuals to his codefendant, who then exchanged with each of those individuals orange glassines for currency, and later gave the money to defendant, was admissible with respect to the issues of intent and acting in concert. We note defendant raised the defense of innocent presence at the scene *(People v Maldonado,*220 AD2d 212, 213). The trial court also gave an appropriate limiting instruction as to such evidence. Concur—Ellerin, J. P., Wallach, Ross, Nardelli and Tom, JJ.