alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### United States *v.*The Buckeye Portable Tool Co.

No. 7642.

Invoice dated London, England, November 24, 1941.

Certified November 27, 1941.

Entered at Dayton, Ohio, January 22, 1942.

Entry No. 85.

(Decided January 3, 1949)

*David N. Edelstein,*Assistant Attorney General *(Daniel I. Auster,*special attorney), for the plaintiff.

*Virgil Schaeffer*for the defendant.

Cline, Judge:

This is a collector’s appeal for reappraisement of pneumatic hand tools complete with accessories imported from England on January 5, 1942. Entry was made at certain unit values, less 17K per centum discount, less 20 per centum for water damage, and the merchandise was appraised as entered.

*359At the trial counsel for the Government stated that prior to the arrival of the merchandise, it had been immersed in the ocean and had become rusty and discolored and the brass and copper parts had become corroded; that the appraiser had approved the entry, which included an allowance of 20 per centum for water damage; that the collector believed that no allowance should have been made because of the provisions of paragraph 398 of the Tariff Act of 1930.

Paragraph 398 provides:

> No allowance or reduction of duties for partial loss or damage in consequence of rust or of discoloration shall be made upon any description of iron or steel, or upon any article wholly or partly manufactured of iron or steel, or upon any manufacture of iron or steel.

Counsel for the Government stated further that an inspection of the merchandise by the examiner led him to the belief that 10 per centum of the damage to the merchandise herein was due to such rust and discoloration as is included in paragraph 398 and that the other 10 per centum was due to corrosion of the brass and copper parts. Counsel continued:

> * * * I will now ask Mr. Schaeffer if the statement I made agrees with his understanding, and whether he is willing to so stipulate, that the unit entered values, less 17J4 per cent discount, less 10 per cent, packing included, represents the foreign value of this merchandise under Section 402 (c) of the Tariff Act of 1930, and there is no higher export value?

> Mb. Schaeffer: I want to let the record show that I concur in the statement of Mr. Auster.

On the agreed facts I find the foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the entered values, less 17% per centum discount, less 10 per centum, packing included.

Judgment will be rendered accordingly.
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ERNST & YOUNG LLP

One Oxford Centre
Pittsburgh, Pennsylvania 15219

Phone: 412 644 7800

Report of Independent  Accountants on Management's  Assertion on Compliance with
the Minimum  Servicing  Standards  Set Forth in the Uniform  Single  Attestation
Program for Mortgage Bankers

Audit Committee PNC Bank Corp.

We have examined  management's  assertion,  included in the accompanying  report
titled Report of Management on Compliance with the Minimum  Servicing  Standards
Set Forth in the Uniform Single  Attestation  Program for Mortgage  Bankers that
PNC Mortgage Corp. of America (PNCMCA), an indirectly wholly owned subsidiary of
PNC Bank Corp.,  complied with the minimum servicing  standards set forth in the
Mortgage Bankers Association of America's Uniform Single Attestation Program for
Mortgage Bankers (USAP) during  the year ended December 31, 1998.  Management is
responsible for PNCMCA's compliance with those requirements.  Our responsibility
is to express an opinion on management's  assertions  about PNCMCA's  compliance
based on our examination.

Our  examination  was  made in  accordance  with  standards  established  by the
American  Institute of Certified Public Accountants and,  accordingly,  included
examining,  on a test  basis,  evidence  about  PNCMCA's  compliance  with those
requirements and performing such other procedures as we considered  necessary in
the circumstances.  We believe that our examination  provides a reasonable basis
for our  opinion.  Our  examination  does not provide a legal  determination  on
PNCMCA's compliance with specified requirements.

In  our  opinion,   management's  assertion,   that  PNCMCA  complied  with  the
aforementioned  requirements  during the year ended December 31, 1998, is fairly
stated, in ail material respects.

Ernst & Young LLP

January 22, 1999

Ernst & Young LLP is a member of Ernst & Young International, Ltd.
# C_2012273EN.01001202.xml

| 8.9.2012 | EN | Official Journal of the European Union | C 273/12 |
| --- | --- | --- | --- |

8.9.2012

EN

Official Journal of the European Union

C 273/12

---

Action brought on 22 June 2012 — Inter-Union Technohandel v OHIM — Gumersport Mediterranea de Distribuciones (PROFLEX)

(Case T-278/12)

2012/C 273/21

Language in which the application was lodged: English

Parties

Parties

Applicant: Inter-Union Technohandel GmbH (Landau in der Pfalz, Germany) (represented by: K. Schmidt-Hern and A. Feutlinske, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Gumersport Mediterranea de Distribuciones, SL (Barcelona, Spain)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2012 in case R 413/2011-2; and |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2012 in case R 413/2011-2; and

| — | Order OHIM to pay the costs of the applicant. |
| --- | --- |

—

Order OHIM to pay the costs of the applicant.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for a Community trade mark:

Community trade mark concerned: The figurative mark ‘PROFLEX’ for goods and service sin classes 9, 12 and 25

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: German trade mark registration No 39628817 for the word mark ‘PROFEX’, for goods in classes 6, 8, 9, 11, 12, 16, 17 and 21

Mark or sign cited in opposition:

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition entirely

Decision of the Board of Appeal:

Pleas in law: Infringement of Articles 42(2) and (3) of Council Regulation (EC) No 207/2009 and Rule 22 of Commission Regulation (EC) no 2868/95.

Pleas in law:

---
No. 39165.

#### Protests 355226-G, etc., of Albert Eckstein & Co., Inc., et al. (New York).

Opinion by

Tilson, J.

The record established that certain items consist of articles in chief value of cellulose filaments similar to those involved in Abstract 37230. The claim at 60 percent under paragraph 31 was therefore sustained.
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By Dawn SuttonDLA Land and Maritime People and Culture

                COLUMBUS, Ohio  –              

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Building Connections L&MCommunity L&MCulture L&MDLA L&Mnew employee L&MResource the Enterprise L&MPACER/Intern L&M
No. 50751.

#### Protests 900175-G, etc., of G. H. & I. Jaffe, Inc., et al. (New York).

Opinion by

Mollison, J.

It was stipulated that certain items of the merchandise consist of goatskins similar in all material respects to those the subject of *United States*v. *Winograd Bros., Inc.*(32 C. C. P. A. 153, C. A. D. 302). In accordance therewith the claim for free entry under paragraph 1681 was sustained.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6936

ROY CAMPBELL,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Florence. C. Weston Houck, Senior District

Judge. (CA-03-1402)

Submitted: November 23, 2005 Decided: December 12, 2005

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roy Campbell, Appellant Pro Se. Arthur Bradley Parham, OFFICE OF

THE UNITED STATES ATTORNEY, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Roy Campbell seeks to appeal the district court’s order

granting summary judgment on his 28 U.S.C. § 2255 (2000) petition.

The order is not appealable unless a circuit justice or judge

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)

(2000). A certificate of appealability will not issue for claims

addressed by a district court absent “a substantial showing of the

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that his constitutional claims are debatable and

that any dispositive procedural rulings by the district court are

also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322,

336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.

Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently

reviewed the record and conclude that Campbell has not made the

requisite showing. Accordingly, we deny leave to proceed in forma

pauperis, deny a certificate of appealability, and dismiss the

appeal. 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. 

DISMISSED
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7905

RONALD TATE, Petitioner - Appellant, versus RICHARD SMITH; HENRY DARGAN MCMASTER, Attorney General for the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Terry L. Wooten, District Judge. (ca-03-952-6-25AK) Submitted: February 12, 2004 De cided: February 23, 2004 Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Tate, Appellant Pro Se. Derrick K. McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. SeeFed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266 (1988). - 2 - PER CURIAM: Ronald Tate seeks to appeal the district court’s order accepting the report and recommendation of a magistrate judge and granting summary judgment against his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (2000). We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Corr. , 434 U.S. 257, 264 (1978) (quoting United States v. Robinson , 361 U.S. 220, 229 (1960)). The district court’s order was entered on the docket on October 22, 2003. The notice of appeal was filed on November 27, 2003. * Because Tate failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and- 3 - legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
#### METRO RIVERBOAT ASSOCIATION, INC. v. HILTON HOTELS CORPORATION and Bally’s Louisiana, Inc.

No. 98-CC-3223.

Supreme Court of Louisiana.

Jan. 7, 1999.

Reconsideration Denied Jan. 27, 1999.

In re Metro Riverboat Assoc. Inc.;— Plaintiff(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. 98CW-3090; Parish of Orleans, Civil District Court, Div. “F”, No. 98-28102.

Stay denied. Writ denied.

TRAYLOR, J., not on panel.
[Federal Register Volume 72, Number 91 (Friday, May 11, 2007)]
[Notices]
[Page 26815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9120]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8313-6]


Notice of Open Meeting, Environmental Financial Advisory Board 
(EFAB), Workshop on Environmental Management Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The United States Environmental Protection Agency's 
Environmental Financial Advisory Board will hold an open meeting of its 
Environmental Management Systems Project Workgroup.
    EFAB is chartered with providing analysis and advice to the EPA 
Administrator and EPA program offices on issues relating to 
environmental finance. The purpose of this meeting is for the EFAB to 
gather information and ideas with respect to how professionals in the 
areas of commercial banking/debt, insurance, and equity investment view 
and/or use a corporation's environmental information such as 
Environmental Management Systems (EMSs) in their work. The day will 
structured to address this issue via a series of panel discussions 
involving public and private experts in these areas.
    The meeting is open to the public with limited seating available on 
a first come first served basis. Due to building security requirements, 
all members of the public who wish to attend the meeting must register 
in advance no later than Wednesday, June 6, 2007.

DATES: June 12, 2007 from 8:30 a.m.-5 p.m.

ADDRESSES: U.S. Environmental Protection Agency, Potomac Yard 
Conference Center, One Potomac Yard, 2777 S. Crystal Drive, Arlington, 
VA 22202-3553.

FOR FURTHER INFORMATION CONTACT: To register for the workshop or to 
obtain further information, contact Vanessa Bowie, Director, 
Environmental Finance Staff, U.S. EPA, at 202-564-5186 or 
<a href="/cdn-cgi/l/email-protection#55373a223c307b23343b30262634153025347b323a23"><span class="__cf_email__" data-cfemail="2e4c4159474b00584f404b5d5d4f6e4b5e4f00494158">[email protected]</span></a>.
    For information on access or services for individuals with 
disabilities, please contact Vanessa Bowie at 202-564-5186 or 
<a href="/cdn-cgi/l/email-protection#365459415f5318405758534545577653465718515940"><span class="__cf_email__" data-cfemail="abc9c4dcc2ce85ddcac5ced8d8caebcedbca85ccc4dd">[email protected]</span></a>. To request accommodation of disability, please 
contact Vanessa Bowie, preferably at least 10 days prior to the 
meeting, to give EPA as much time as possible to process your request.

    Dated: May 7, 2007.
Joseph Dillon,
Director, Office of Enterprise Technology and Innovation.
 [FR Doc. E7-9120 Filed 5-10-07; 8:45 am]
BILLING CODE 6560-50-P


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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MONTAVIOUS J. SANDERS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D22-0421

[May 19, 2022]

Appeal from order denying rule 3.850 motion in the Circuit Court for 

the Nineteenth Judicial Circuit, St. Lucie County; Lawrence Mirman, 

Judge; L.T. Case No. 562018CF002976.

Montavious J. Sanders, Crawfordville, pro se.

No appearance for appellee.

PER CURIAM.

Affirmed.

GROSS, CIKLIN and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
(Reap. Dec. 9077)

#### W. J. Byrnes & Co. of New York *v.*United States

Entry No. 911493.

(Decided February 19, 1958)

*Alan S. Hays*for the plaintiff.

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

Mollison, Judge:

This appeal for reappraisement has been submitted for decision upon a stipulation of counsel—

> * * * that the merchandise involved in this appeal consists of atomizers marked with the red letter *“Z”*by the Appraiser on the invoice.

> That at the time of exportation thereof, such or similar atomizers were not being freely offered for sale for home consumption in France, or for export to the United States, or for sale in the principal market of the United States.

> That at the time of exportation thereof the cost of production of such atomizers, as defined in Section 402 (f) of the aforesaid Act is as follows:

> That as to the atomizers marked with the red letter *“Z”*the cost of production is 438 French francs, net packed, each.

> This appeal for reappraisement is limited’to the aforesaid item.

On tbe agreed facts I find the cost of production, as that value is defined in Section 402 (f) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the atomizers involved, and that such value was as set forth above.

Insofar as the appeal relates to all other merchandise, it is dismissed.

Judgment will issue accordingly.
ex109.htm -- Converted by SEC Publisher, created by BCL Technologies Inc., for SEC Filing





AMENDMENT TO LOAN AGREEMENT

This agreement dated as of January 1, 2008 amends the loan agreement dated August 31, 2004 as amended on November 30, 2004, on January 1, 2007 and on June 30, 2007 (the "Agreement"), made by and between Sound Revolution Inc., a Delaware corporation (the "Company"), Penny Green, Chairman and Chief Financial Officer of the Company (“Green”), and Bacchus Entertainment Ltd. (the “Lender”). 

Now therefore, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the Company and the Executive hereby agree as follows:

Paragraph 5 of the Agreement, as amended on June 30, 2007, shall be amended to make all payments due upon delivery of written notice of demand by Lender. The payment deadline of January 1, 2008 is hereby waived. Notice of demand shall be effective if given in writing and delivered, either personally or by courier to the registered office of Company or to such other address or officer as the Company may designate and shall be deemed to have been duly given upon actual delivery to the other party.

In witness whereof this Agreement has been executed by or on behalf of the parties hereto, as an instrument under seal as of the date first above written.


	Sound Revolution Inc.  
	  
	By: /s/ Robin Ram  
	Title: President and  
	Chief Executive Officer  
	  
	Bacchus Entertainment Ltd.  
	  
	By: /s/ Penny Green  
	Title: President  
	  
	  
	/s/ Penny Green  
	Penny Green
No. 56765.

protests 471949-G, etc.

#### R. U. Delapenha Co. et al. *v.*United States,

Abstract 56587. Plaintiffs’ application for rehearing granted.
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# Janel Northington: DLA Profiles in Resiliency

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                COLUMBUS, Ohio  –              
Employee resiliency is something we can all support. This Profile in Resiliency video highlights Janel Northington, DLA training, sharing her story and what she did to stay strong and resilient.

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School garden at the DSCC Child Development Center helps kids learn better and eat healthier.

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