alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(Reap. Dec. 10516)

#### Harper, Robinson *&*Co., a/c Imperial International Corp. *v.*United States

Entry No. 18471.

(Decided on rehearing [not published] May 16, 1963)

*Barnes, Richardson*<£ *OoXbwm*for the plaintiff.

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

Wilson, Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

> IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the parties hereto, subject to the approval of the court, as follows:

> 1. That the merchandise the subject of the above-entitled appeal was entered or withdrawn for consumption after the effective date of the Customs Simplification Act of 1956 and is not identified on -the Final List published pursuant thereto by the Secretary of the Treasury (T.D. 54521) ; that appraisement was accordingly made under Section 402 of the Tariff Act of 1930 as amended by said Act.

> 2. That on or about the date of exportation of the involved merchandise the prices at which such or similar merchandise was freely sold or offered in the principal markets of the country of exportation, in the usual wholesale quantities and in the ordinary course of .trade for exportation to the United States, such prices including the cost of all containers and coverings of whatever nature and all other expenses incidental to placing the merchandise in condition packed ready for shipment to the United States, were equal to the appraised values less buying commission as invoiced.

> 3. That the above-entitled appeal may be submitted on this stipulation, the same being limited to the merchandise and issues described hereinabove and abandoned in all other respects.

On tbe agreed facts, I find export value, as that value is defined in section 402 (b) of tbe Tariff Act of 1930, as amended by tbe Customs Simplification Act of 1956, T.D. 54165, to be the proper basis for tbe *476determination of the value of the merchandise here involved and that such value is the appraised value, less buying commission, as invoiced.

Judgment will be entered accordingly.
Exhibit 31.1





Certification of Executive Officer Pursuant to Rule 13a-14(a)/15d-14(a)











I, Ryan C. Farris, certify that:





1I have reviewed this annual report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Ally Master Owner Trust (the “Exchange Act periodic reports”);





2Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;





3Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;





4I am responsible for reviewing the activities performed by the servicer and based upon my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and





5All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.





In giving the certifications above, I have reasonably relied on the information provided to me by the following unaffiliated party: Wells Fargo, National Association.





Date: March 29, 2012





/s/ Ryan C. Farris





Ryan C. Farris


President, Ally Wholesale Enterprises LLC, as Depositor


(Senior officer in charge of securitization of the depositor)





























1
#### Julius N. Kalley *et*al., Resp’ts, *v.*Frederick Baker, App’lt.

*(City Court of Brooklyn, General Term,*

*Filed February 24, 1890.)*

Brokers—Commissions.

The rule as to commissions of brokers on a sale of real estate is applicable to the case of an exchange; so far as the broker is concerned the exchange is made when the contract is signed.

Appeal from judgment in favor of plaintiffs, entered upon verdict, and from order denying motion for a new trial.

*678Action to recover commissions as real estate broker upon an exchange of property.

At the close of the evidence counsel for each party moved the court to direct a verdict in favor of their respective client, which was denied.

*W. J Qaynor,*for resp’ts; *Abbott Bros.,*for app’lt.

Clement, Ch. J.

We are of opinion that on the testimony in this case there was no disputed question of fact to be submitted to the jury, and that a verdict should have been directed for the plaintiffs.

J. H. Kalley, one of the plaintiffs, and the defendant, Baker, substantially agree as to the contract between them. Mr. Baker testifies that he told Mr. Kalley, if he (Kailey) could exchange his (Baker’s) property free and clear for the Eemsen street flat,, subject to mortgages of $55,000, he would do so, and that if the exchange was made he would pay Kalley a commission, and Mr. Kalley also gives the same testimony. The defendant contends, that the words “ if the exchange is made, I will pay a commismission,” mean if the deeds are passed on an exchange a commission will be paid. Suppose a broker is employed to sell a house, and the party selling uses the words to the broker: “ If my house-'is sold I will pay you a commission;” under such words, if the broker procured a party ready to sign a contract of purchase, he would then be entitled to a commission. *Duclos*v. *Cunningham,*102 N. Y., 678; 2 N. Y. State Rep., 13; *Sibbald v. The Beth. Iron Co.,*83 N. Y., 378. We see no reason why the same rule does not apply to brokerage on an exchange; so far as the broker is concerned, the exchange is made when the contract is signed.

There was no allegation in the answer that there was any fraud on the part of the plaintiffs, or that Henry C. Humphrey was irresponsible, and the only question in the case was as to the performance or non-performance of the contract by the plaintiffs. Judgment and order denying new trial affirme'3 with costs.

Yan Wyck, J., concurs.
|   | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  September 29, 2011 | /s/ Zan Wu                                   |
|-------------------------------------|----------------------------------------------|
|                                | Zan Wu                                       |
|                                | Chief Financial Officer                      |
|                                | (Principal Financial and Accounting Officer) |

----
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 11-2232

___________ Michael Eugene Horlas, * * Appellant, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Elizabeth Robinson; Steve Young; * Heather Brueck; Deborah Nichols; * [UNPUBLISHED] William Spefslage, * * Appellees. *

___________ Submitted: August 24, 2011 Filed: August 30, 2011

___________ Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

___________ PER CURIAM. Iowa inmate Michael Eugene Horl as appeals the district court’s 1 order dismissing his 42 U.S.C. § 1983 complaint wit hout prejudice. We conclude dismissal was proper because the district court did not err in holding that Horlas did not comply with Fed. R. Civ. P. 11(a). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1 The Honorable John A. Jarvey, United Stat es District Judge for the Southern District of Iowa.
p. 1


# OAR Box 1384 Prepped by Charmelle Mathews



## Document

Number: 

# 94 ) ll-E-5 4 Docket Number: 

# A-94-5 2

Printed 7/2/2008 8:42:06

AM Sheet 94 of 264

### EMSIG-HUDSO N

1 2 03.9 6 15;2 6 TEL : 1-518-828-002 6 De c 04.9 6 ©1919041023 4 PE S RT P N C 10:1 0 No.00 1 P.0 1 

## @oo2.ou 2 A-94-5 2

P. 2 

## Jtt-E-5 4

From : Date : Contact : Company : Contac tRepor t

Melani e Proctor, Pacifi c Environmenta l Services , Inc . (PES ) Novembe r 6, 1996 Mr . Timoth y Haskins . Directo ro f

Regulator

y Affair s Emsi g Manufacturin

g Corporatio

n Telephon e Number : (518 ) 828-730 1 Fa x Number : (518 ) 828-002 6
Contac tSummary : Mr. Haskin

s wa s contacte d t o determin e i f Emsi g Manufacturin

g Corporation i s considere d a major source . Mr. Httskm s explaine d tha

tth e Stat e o f Ne w Yor k doe s no tconside r Kmsi £ t o b e a majo

rsource an

d doe s no trequir e the m t o obtain a Titl e V permit. INFORMATION I S ACCURAT E
[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Notices]
[Page 15166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5844]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,368]


Formica Corporation; Wildon Industries, Inc.; Rocklin, CA; 
Amended Certification Regarding Eligibility To Apply for Worker 
Adjustment Assistance and Alternative Trade Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as 
amended, the Department of Labor issued a Certification of Eligibility 
to Apply for Worker Adjustment Assistance and Alternative Trade 
Adjustment Assistance on May 17, 2006, applicable to workers of Formica 
Corporation, Rocklin, California. The notice was published in the 
Federal Register on June 9, 2006 (71 FR 33488).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers were engaged 
in the production of high pressure laminates.
    New information shows that during 2004, workers separated from 
employment at the subject firm had their wages reported under a 
separate unemployment insurance (UI) tax account for a subsidiary 
company, Wildon Industries, Inc.
    Accordingly, the Department is amending the certification to 
properly reflect this matter.
    The intent of the Department's certification is to include all 
workers of Formica Corporation who were adversely affected by increased 
company imports.
    The amended notice applicable to TA-W-59,368 is hereby issued as 
follows:

    ``All workers of Formica Corporation, Wildon Industries, Inc., 
Rocklin, California, who became totally or partially separated from 
employment on or after May 9, 2005, through May 17, 2008, are 
eligible to apply for adjustment assistance under Section 223 of the 
Trade Act of 1974, and are also eligible to apply for alternative 
trade adjustment assistance under Section 246 of the Trade Act of 
1974.''

    Signed at Washington, DC, this 30th day of March 2007.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-5844 Filed 3-29-07; 8:45 am]
BILLING CODE 4510-FN-P
October 30, 2000



Parkside Salt Lake Corporation
c/o American Realty Advisors
700 North Brand Blvd.
Suite 300
Glendale, CA 91205

         Re:  Notice of Option to Terminate Lease

Gentlemen:

Pursuant to Paragraph 9 of that certain Second Amendment to Lease dated June 30,
1998, this letter will serve as written notice that Crown intends to terminate
the Lease effective August 1, 2001. Please provide Crown with a detailed
accounting of the un-amortized portion of the leasing costs as provided for in
the Lease.

If you have any questions please do not hesitate to call.

Sincerely,



Jay Mealey
President

cc:      Cottonwood Management Services
         215 South State Street
         Salt Lake City, UT 84111
No. 55299.

#### Artisan Products Import, Ltd. *v.*United States,

protests 163876-K and 163879-K (New York).

Opinion by

Lawrence, J.

The protests were dismissed.
Exhibit 32.01    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 Appiphany Technologies Holdings Corp. (the Company) on Form 10-K for the year ending April 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jesse Keller, Chief Executive Officer and Chief Financial Officer, 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 and belief:  (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/ Jesse Keller By: Jesse Keller Chief Executive Officer and Chief Financial Officer  Dated: August 14, 2012  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 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.
#### NED K. FINKELSTEIN, RESPONDENT, v. HERMAN GEISMAR, APPELLANT.

Submitted March 25, 1918

Decided May 3, 1918.

On appeal from the Supreme Court, whose opinion is reported in 91 *N. J. L.*46.

For the respondent, *McDermott & Enright.*

For the appellant, *Weller & Lichtenstein.*

Pee Curiam.

The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Trenchard in the Supreme Court.

*For affirmance*— The Chancellor, Chief Justice, Swayze, Parker, Bergen, Kalisch, Black, White, Heppenheimer, Williams, Gardner, JJ. 11.

*For reversal*— ISTone.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-21-0000696

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CIDA KEIKO YONEOKA, Plaintiff-Appellee, v.

RODEL REVILLA ARIOS; VERONICA CABRAS ARIOS; CRYSTAL BELARAS;

DARCY BELARAS; CHRISTOPHER ARIOS, Defendants-Appellants,

and JOHN DOES 2-50; JANE DOES 2-50; AND DOE PARTNERSHIPS,

CORPORATIONS, GOVERNMENTAL UNITS OR OTHER ENTITIES 1-50,

Defendants-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CCV-20-0001269)

ORDER APPROVING STIPULATION TO DISMISS APPEAL

(By: Ginoza, Chief Judge, Leonard and McCullen, JJ.)

Upon consideration of the Stipulation for Dismissal of

Notice of Appeal, Filed December 14, 2021 With Prejudice, filed

March 4, 2022, by Defendants-Appellants Rodel Revilla Arios,

Veronica Cabras Arios, Crystal Belaras, Darcy Belaras, and

Christopher Arios, the papers in support, and the record, it

appears that (1) the appeal has been docketed and the filing fees

have been paid; (2) the parties stipulate to dismiss the appeal

with prejudice and bear their own attorneys' fees and costs,

under Hawai#i Rules of Appellate Procedure Rule 42(b); and

Electronically Filed

Intermediate Court of Appeals

CAAP-21-0000696

13-APR-2022

08:07 AM

Dkt. 37 OAWST
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(3) the stipulation is dated and signed by counsel for all

parties appearing in the appeal.

Therefore, IT IS HEREBY ORDERED that the stipulation is

approved and the appeal is dismissed with prejudice. The parties

shall bear their own attorneys' fees and costs on appeal.

DATED: Honolulu, Hawai#i, April 13, 2022.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Katherine G. Leonard

Associate Judge

/s/ Sonja M.P. McCullen

Associate Judge

2
**Exhibit 12**

 

**Computation of Earnings/(Deficiency) To Fixed Charges**

 
|                                     |   | **For the Years Ended December 31** |   |
|------------------------------------------|--------|-------------------------------------|--------|
|                                     |   | **2003**                            |   | **2002** |   | **2001** |   | **2000** |   | **1999** |   |
|                                     |   | **(thousands)**                     |   |
| (Loss)/Income from continuing operations |   | $                                   | (8,311 | ) | $ | (1,599 | ) | $ | 1,035 |   | $ | (531 | ) | $ | (2,641 | ) |
| Fixed Charges                            |   | 27,093                              |   | 27,389 |   | 27,469 |   | 27,777 |   | 14,237 |   |
| Capitalized Interest                     |   | —                              |   | — |   | (27,171 | ) | (24,668 | ) | (8,438 | ) |
| Amortization of Capitalized Interest     |   | 2,520                               |   | 2,520 |   | 21 |   | — |   | — |   |
| Net Total                                |   | 21,302                              |   | 28,310 |   | 1,354 |   | 2,578 |   | 3,158 |   |
|                                     |   |                                |   |   |   |   |   |   |   |   |   |
| FIXED CHARGES                            |   |                                |   |   |   |   |   |   |   |   |   |
| Interest Expense                         |   | 26,956                              |   | 27,244 |   | 153 |   | 2,935 |   | 5,755 |   |
| Capitalized Interest                     |   | —                              |   | — |   | 27,171 |   | 24,668 |   | 8,438 |   |
| Other                                    |   | 137                                 |   | 145 |   | 145 |   | 174 |   | 44 |   |
| Total                                    |   | 27,093                              |   | 27,389 |   | 27,469 |   | 27,777 |   | 14,327 |   |
| Earnings to Fixed Charges                |   | (5.791                              | )      | 921 |   | (26,115 | ) | (25,199 | ) | (11,169 | ) |
| Ratio of Earnings to Fixed Charges       |   | .79                                 |   | 1.03 |   | .05 |   | .09 |   | .22 |   |
|                                          |        |                                     |        |  |  |  |  |  |  |  |  |  |  |  |  |  |

 

----
##### 



Exhibit 32.1
 WRITTEN STATEMENT OF CHIEF EXECUTIVE OFFICER AND
CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE
SARBANES  OXLEY ACT OF 2002
  (a)
    
    the Form 10-Q of the Company for the quarterly period ended June 30, 2006, filed on the
date hereof with the Securities and Exchange Commission (the Report) fully complies with
the requirements of Section l3(a) or 15(d) of the Securities Exchange Act of 1934; and(b)
    
    information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: August 14, 2006
    
    /s/ Charles M. BaughnCharles M. BaughnChief Executive OfficerDate: August 14, 2006
    
    /s/ Sherri W. SchugartSherri W. SchugartChief Financial Officer
No. 48608.

#### Protests 74745-K, etc., of Columbia Co. et al. (San Francisco).

Opinion by

Ekwall, J.

It was stipulated that the merchandise is the same in all material respects as that the subject of *Wing Duck Co.*v. *United States*(6 Cust. Ct. 133, C. D. 446). In accordance therewith it was found that the internal revenue tax was improperly assessed. The protests' were sustained to that extent.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Coast Financial Holdings, Inc. (the Company) on Form 10-Q for the period ended
March 31, 2006 as filed with the Securities and Exchange Commission (the Report), I, Brian P. Peters, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as added by § 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. | To my knowledge, 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: April 28, 2006 |  | By: |  | /s/ Brian P. Peters           
|                     |  |     |  | Brian P. Peters, President and
|                     |  |     |  | Chief Executive Officer
The events.txt and hourly.txt output files generated during the 5,000 person 
simulations are not included in this file transfer to the docket due to their
large size (over 7 and 3 gigabytes per file, respectively).  All of the other
output files generated during the original simulations are included
(i.e., log.txt, sites.txt, psum.txt, tables.txt files).  

Note that all of the input data needed to generate these events.txt and 
hourly.txt files using APEX have been included in the file tranfer.


These original output files generated for the 2010 CO-REA are available
upon request.

Contact Information:

Dr. Stephen Graham
USEPA/OAQPS/HEID
109 TW Aelxander Drive
RTP, NC 27711

graham.stephen@epa.gov
919-300-3741
No. 48594.

#### Protests 867117-G, etc., of Otto Roth & Co., Inc. (New York).

Opinion by

Keefe, J.

It was stipulated that the cheese in question is similar to that the subject of Abstract 48269. The protests were therefore sustained.