alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 48111

#### Protest 63552-K of General Hide & Skin Corp. (New York).

Opinion by

Ekwall, J.

No testimony was produced and the case was submitted on the official papers and a memorandum filed by the collector. It was stipulated by counsel that the facts set forth in said memorandum are true and correct.. It appeared from these papers that 5 months after the goods had been appraised the customs brokers for the importer requested that the amount of the freight charges be deducted from the entered value. The collector called upon the appraiser to clarify his appraisement, in response to which the appraiser reported: “The correct dutiable value of this mdse, is 12)40 lb. less ocean freight ($211.52).” This appraisement, however, was found to be contrary to the original appraisement as shown by the summary sheet, which is checked to indicate the entered value correct. It has been held that there can be but one appraisement by the appraiser and that he cannot modify, reconsider, or amend his appraisement after it has been filed with the collector. *James Loudon & Co.*v. *United States*(Reap. Dec. 4044); *United States*v. *Bennett*(2 Ct. Cust. Appls. 249, T. D. 31975); *Ringk*v. *United States*(12 Ct. Cust. Appls. 40, T. D. 39980); *United States*v. *Dorn & Co.*(13 Ct. Cust. Appls. 130, T. D. 40961). In the case at bar the appraisement was .completed on September 17, 1940, when the appraiser checked the entered value as correct. The importer did not appeal to reappraisement from that ap-praisement and it therefore became final. There is no evidence here as to the intention of the person who made the entry as to whether a clerical error was made. *McQuillan v. United States*(18 C. C. P. A. 215, T. D. 44401) cited. Upon the record presented it was held the plaintiff has failed to sustain the burden of proof. The protest was therefore overruled.
<PAGE>

                                                                 EXHIBIT 10.16

                        DIRECTOR WORK PRODUCT AGREEMENT




     The undersigned, a member of the Board of Directors of ACCESS Radiology
Corporation (the "Company") hereby agrees with the Company as follows:

     If, at any time that I am a member of the Company's Board of Directors, the
Company and I shall communicate regarding any invention, modification,
discovery, design, development, improvement, process, software program,
documentation, formula, data, technique, know-how, secret or other intellectual
property (collectively, "Developments") that relates to the business of the
Company, all Developments involved in or resulting from such communication shall
be the sole property of the Company and its assigns.  I agree to take (at the
Company's expense) all such actions and execute all such documents, including
without limitation applications for and assignments of patents and copyrights,
as the Company shall reasonably request to confirm or give effect to the rights
of the Company or its assigns hereunder.



                              Agreed:


                              ____________________________________


                              Date:


                              ____________________________________
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-30414 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus KIMIA JOHNSON, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 97-CR-209-2-T

- - - - - - - - - - June 15, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM: * Kimia Johnson appeals his guilty plea convictions for conspiracy to possess with intent to distribute cocaine base and possession with intent to distribute cocaine base. Johnson argues for the first time on appeal that the Sentencing Guidelines, which establish heavier penalties for cocaine base offenses than for powder cocaine offenses, violate the Equal Protection Clause.No. 98-30414 -2- Johnson misstates the applicable standard of review (review is for plain error), fails to address the appeal waiver in his appellate brief, and, regardless of the appeal waiver, ignores this court’s well-settled case law holding that the sentencing disparity does not violate the Equal Protection Clause. See , e.g. , United States v. Steen , 55 F.3d 1022, 1029 n.15 (5th Cir. 1995) (noting that this court and every other circuit that hasaddressed this argument has rejected it). It is also wellsettled in this circuit that one panel may not overrule another prior panel absent intervening legislation, a decision by our en banc court, or a decision of the Supreme Court. Barber v. Johnson , 145 F.3d 234, 237 (5th Cir. 1997), cert. denied , 119 S. Ct. 518 (1998). The appeal is frivolous and is thus DISMISSED. See 5th Cir. R. 42.2. Counsel is warned that pursuing frivolous appeals invites sanctions. See United States v. Burleson , 22 F.3d 93, 95 (5th Cir. 1994). APPEAL DISMISSED; SANCTION WARNING ISSUED.
III 

110TH CONGRESS 

1ST SESSION H. CON. RES. 217 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2007 

Received 

SEPTEMBER 27, 2007 

Referred to the Committee on Health, Education, Labor, and Pensions 

CONCURRENT RESOLUTION 

To correct technical errors in the enrollment of the bill 

H.R. 3580. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That, in the enrollment of the bill H.R. 3580, 

3 the Clerk of the House shall make the following correc4 tions: 

5 (1) In subparagraph (I) of section 402(j)(3) of 

6 the Public Health Service Act, as inserted by section 

7 801(a)(2) of the bill: 


bajohnson on PROD1PC69 with BILLS
2 

HCON 217 RFS 

1 (A) In clause (i) of such subparagraph (I), 

2 strike ‘‘drugs described in subparagraph (C)’’ 

3 and insert ‘‘drugs and devices described in sub4 paragraph (C)’’. 

5 (B) In clause (iii) of such subparagraph 

6 (I), strike ‘‘drugs described in subparagraph 

7 (C)’’ and insert ‘‘drugs and devices described in 

8 subparagraph (C)’’. 

9 (2) In subparagraph (A) of section 505(q)(1) of 

10 the Federal Food, Drug, and Cosmetic Act, as 

11 added by section 914(a) of the bill, add at the end 

12 the following: 

13 ‘‘Consideration of the petition shall be separate 

14 and apart from review and approval of any ap15 plication.’’. 

Passed the House of Representatives September 25, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


bajohnson on PROD1PC69 with BILLS
No. 45211.

#### Protest 975545-G of Dan Brechner & Co. (New York).

Opinion by

Oliver, P. J.

It was stipulated that the merchandise consists of sirens in chief value of metal the same as those the subject of Abstract 40480. The claim at 45 percent under paragraph 397 was therefore sustained.
IV 

110TH CONGRESS 

2D SESSION H. CON. RES. 291 

Recognizing and honoring the 400th anniversary of Quebec City in Quebec, 

Canada, since its founding in 1608 by French explorer Samuel de Champlain. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2008 

Mr. BROWN of South Carolina (for himself, Mr. OBERSTAR, Mr. MANZULLO, 

and Mr. MICHAUD) submitted the following concurrent resolution; which 

was referred to the Committee on Foreign Affairs 

CONCURRENT RESOLUTION 

Recognizing and honoring the 400th anniversary of Quebec 

City in Quebec, Canada, since its founding in 1608 by 

French explorer Samuel de Champlain. 

Whereas the anniversary celebrations will highlight Quebec 

City’s history and emphasize the many cultural and historical linkages between the people of Quebec, Canada, 

and the United States, a relationship which has stood for 

many centuries as a global example of mutual friendship 

and goodwill amongst neighbors; 

Whereas, July 3, 2008, will mark the 400th anniversary of 

the founding of Quebec City by French explorer Samuel 

de Champlain, marking it as one of the oldest continually 

inhabited cities in North America and the only fortified 


wwoods2 on PRODPC68 with BILLS
2 

•HCON 291 IH 

North American city north of Mexico left with its walls 

intact; 

Whereas the site where Quebec City now stands has been a 

traditional meeting place for various people for over a 

millennium, from Native American tribes to newcomers 

from England and France, as well as many other nations, 

representing the intersection between the Old World and 

the New World; 

Whereas Quebec City was the first permanent French colony 

to be established in North America and now stands as 

the thriving capital of Quebec as well as its second largest city; 

Whereas Congress recognizes and honors the natural bonds 

of friendship and history that exist between the people of 

Quebec City and the states and provinces of the northeast where a significant portion of the population is of 

French Canadian, Quebecois, or Acadian descent; and 

Whereas in honor of this significant event in the history of 

the Americas, Congress recognizes the 400th anniversary 

of Quebec City’s founding: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That the Congress— 

3 (1) recognizes Quebec City’s 400th anniversary 

4 since its founding; 

5 (2) honors the contributions to friendship and 

6 goodwill made by the people of Quebec City to North 

7 America; and 


wwoods2 on PRODPC68 with BILLS
3 

•HCON 291 IH 

1 (3) encourages all Americans to visit Quebec 

2 City to help celebrate this unique event in North 

3 American history. 

Æ 


wwoods2 on PRODPC68 with BILLS
Before the Second Division,

October 7, 1942

No. 47622.

#### Protest 994162-G of Gimbel Bros., Inc. (New York).

Opinion by

Kincheloe, J.

The record showed that the coir or cocoa fiber rugs in question were made from continuous rolls.of matting 50 yards in length, which matting was composed wholly of cocoa fiber; that the rugs in question were cut from the matting according to size desired and which matting had no visible lines of demarcation for the cutting of said rugs; and that such method was followed up to 1938. The merchandise was therefore held dutiable as articles made from matting, wholly or in chief value of cocoa fiber, at 10 cents per square yard under paragraph 1022 as claimed.
No. 49420.

#### Protests 104063-K, etc., of S. Lisk & Bro. et al. (New York).

*316Opinion by

Lawrence, J.

The record established that the pencil sharpeners in question are similar in all material respects to those involved in Abstract 48152. In accordance therewith the pencil sharpeners in question were held dutiable as claimed.
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Re:          Annual Statement of Compliance for JPMBB Commercial Mortgage Securities Trust2016-C1 Commercial Mortgage Pass-Through Certificates Series 2016-C1

 

Per the Pooling and ServicingAgreement dated as of March 1, 2016 (the "Agreement"), theundersigned, a duly authorized officer of Wells Fargo Bank, N.A., asCertificate Administrator ("Wells Fargo"), hereby certifies as followsas of and for the year ending December 31, 2016 (the "ReportingPeriod"):

 

(a)           A review of Wells Fargo's activities during the Reporting Period and of itsperformance under the Agreement has been made under such officer's supervision;and

 

(b)          To the best of such officer's knowledge, based on such review, Wells Fargo hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

February 27, 2017

 

 

/s/ Brian Smith

BRIAN SMITH

Vice President 

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
**Exhibit      32.1**

|   | (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                for the periods reflected therein. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                  August 13, 2008 | /s/                  Harvey B. Grossblatt |
|----------------------------------------|-------------------------------------------|
|                                   | Harvey                  B. Grossblatt     |
|                                   | Chief                  Executive Officer  |
|                                   |                                      |
|                                   | /s/                  James B. Huff        |
|                                   | James                  B. Huff            |
|                                   | Chief                  Financial Officer  |

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-1532

CHARLENA SINGLETON, Plaintiff - Appellant, versus AL CANNON, Sheriff, Charleston County, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-99-3636-2-18) Submitted: August 29, 2002 Decided: September 4, 2002 Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Charlena Singleton, Appellant Pro Se. Bernard Eugene Ferrara, Jr., CHARLESTON COUNTY ATTORNEY’S OFFICE, North Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Charlena Singleton appeals the district court’s orders denying her motion to reopen her case and her motion for relief from judgment pursuant to Fed. R. Civ. P. 60. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Singleton v. Cannon , No. CA-99-3636-2-18 (D.S.C. Apr. 24, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Exhibit(4)(c)(10)

                     SEPARATE AGREEMENT WITH MELLON BANK 
                REGARDING CALCULATION OF FINANCIAL COVENANTS

MELLON BUSINESS CREDIT


September 10, 1998


Mr. Kent Anderson
Chairman of the Board
B.B. Walker Company
414 E. Dixie Drive
Asheboro, NC 27203

Dear Kent:

As you have requested, Mellon Business Credit has approved a modification in
the method of calculation of your financial covenants.  With the change in the 
date of expiration of the Term Facility to December 31, 1998, all of that debt 
must be classified as short term for accounting purposes.

By this letter, Mellon approves that that portion of the Mellon Term Facility
that would otherwise have been due greater than one year hence, had the 
expiration of the Term Facility not been modified, shall be permitted to be
classified as long term debt for covenant calculation purposes.

This modification will apply only through December 31, 1998.  Failure by 
B.B. Walker Company, Inc. to sell their Asheboro, NC facility and thus pay off
this term debt or seek an alternative solution acceptable to Mellon will
constitute an event of default.


Sincerely,

ROGER D. ATTIX
--------------
Roger D. Attix
Vice President

RDA:mjs


ACKNOWLEDGED:

KENT T. ANDERSON
----------------
Kent T. Anderson
EXHIBIT 32.2

SECTION 906 CERTIFICATION OFPRINCIPAL FINANCIAL OFFICERPURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Annual Report on Form 10-K of SonoSite, Inc. for the year ended December 31, 2006, I, Michael J. Schuh, Chief Financial Officer of SonoSite, Inc., hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(1) such Annual Report on Form 10-K of SonoSite, Inc. for the year ended December 31, 2006, 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 such Annual Report on Form 10-K of SonoSite, Inc. for the year ended December 31, 2006, fairly presents, in all material respects, the financial condition and results of operations of SonoSite, Inc.

/s/ MICHAEL J. SCHUHMichael J. SchuhVice President-Finance, Chief Financial Officer andTreasurer(Principal Financial Officer)


March 14, 2007

78

---
---

Exhibit 99.15

Summary of Loan Agreement Entered into by and between BAK International

(Tianjin) Limited (the Company) and Bank of China, Tianjin Branch

(the Creditor) Dated January 19, 2010

Main articles:

- Contract number: Bojin Fenduanqi (2010)7;
- Loan principal: RMB 40 million;
- Loan Term: from January 19, 2010 to January 18, 2011;
- Floating interest rate: Interest rate of loan shall be equal to the benchmark rate announced by the Peoples Bank of China, and be adjusted annually;

> Interest accrued and settled per quarter, interest settlement day is the 20thday of the third month in each quarter;
>       Penalty interest rate for delayed repayment: current interest rate plus 50% * current interest rate;
>       Penalty interest rate for embezzlement of loan proceeds: current interest rate *1;

- If any of the following occurs, the Creditor is entitled to demand prepayment of loan principal and interest before maturity and cancel all loans unprovided:

> Delay in repayment of loan interest and the loan principal;
>       The Company uses loan proceeds for purposes other than what is
> agreed without the consent of the Creditor;
>       The Company provides untrue declaration or hide important financial information about its operation;
>       The Company terminates operation or is stopped from operation;

- Purpose of the loan is to purchase raw materials for the Company;
- Advanced repayment of loan needs to be approved by the Creditor;
- Breach of contract penalties: suspension of loan unprovided; release loan agreement, demand prepayment of loan principal and interest before maturity; imposition of punitive interest incurred due to delayed loan; imposition of punitive interest for
embezzlement of loan; withdraw from any accounts of the Company the loan principal, interest and other fees; compensation for the Creditors expenses incurred due to demanding the loan principal and interest in case of litigation, etc.

Headlines of the articles omitted

- Loan arrangement
- Interest clearing of the loan
- Precondition
- Payment of the loan
- Guarantee
- Declaration and Promise of the Company
- Rights reserved
- Modification, Amendment and Termination of Contract
- Disputation settlement
- Fee
- Attachment

---
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-10249

 

JEFFREY HENRY CALDWELL,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT 

OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

 

Appeal from the United States District Court

for the Northern District of Texas

(3:95-CV-0625)

 

February 18, 2000

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

We grant the Certificate of Probable Cause, but affirm for

essentially the reasons stated by the magistrate judge and adopted

by the district court. 

The court below refused to grant Caldwell’s request for leave

to amend his petition to assert a claim under Ford v. Wainwright,

477 U.S. 399, 106 S.Ct. 2595 (1986). Refusing leave to amend was

not error for the reason that the claim was premature. Texas has

recently provided a procedure for testing the competency of a

person to be executed. That procedure remains available to
2

petitioner under Article 46.04, Texas Code of Criminal Procedure

(effective September 1, 1999). 

AFFIRMED.
EXHIBIT 31.1

      I, Walker R. Stapleton, certify that:

      1. I have reviewed this report on Form 10-Q of SonomaWest Holdings, Inc.;

      2.  Based on my  knowledge,  this  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 report;

      3. Based on my knowledge,  the financial  statements,  and other financial
information included in this 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 report;

      4. The registrant's  other  certifying  officers and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

            (a) Designed such disclosure controls and procedures, or caused such
disclosure  controls and  procedures to be designed  under our  supervision,  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 report is being prepared;

            (b)  Evaluated  the  effectiveness  of the  registrant's  disclosure
controls and procedures and presented in this report our  conclusions  about the
effectiveness  of the disclosure  controls and procedures,  as of the end of the
period covered by this report based on such evaluation;

            (c) Disclosed in this report any change in the registrant's internal
control over financial  reporting  that occurred  during the  registrant's  most
recent fiscal quarter that has materially  affected,  or is reasonably likely to
materially affect, the registrant's  internal control over financial  reporting;
and

      5. The registrant's other certifying officers and I have disclosed,  based
on our most recent evaluation of internal control over financial  reporting,  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  and material  weaknesses  in the
design or  operation  of internal  control over  financial  reporting  which are
reasonably  likely to  adversely  affect  the  registrant's  ability  to record,
process, summarize and report financial information; and

            (b) Any fraud, whether or not material,  that involves management or
other employees who have a significant role in the registrant's internal control
over financial reporting.

Date: February 13, 2006


/s/ Walker R. Stapleton
--------------------------------------------------
Walker R. Stapleton, President,
Chief Executive Officer and Chief Financial Officer
No. 65748.

#### The May Department Stores Company *v.*United States,

protest 59/10271 (Los Angeles).

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of nylon wearing apparel similar in use to wool wearing apparel, valued over $4 per pound, and that the issue is the same as that involved in *United States*v. *Steinberg Bros.*(47 C.C.P.A. 47, C.A.D. 727), the claim of the plaintiff was sustained.