alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-2354
MICHELLE WAGNER, Plaintiff - Appellant, versus K-MART CORPORATION, Defendant - Appellee, versus ROBERTS JANITORIAL & FLOOR CARE SERVICE, Third Party Defendant. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-96-33-2-18) Submitted: July 22, 1998 Decided: July 31, 1998 Before ERVIN, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Michelle Wagner, Appellant Pro Se. Thomas Jackson Wills, IV, James Earle Reeves, BARNWELL, WHALEY, PATTERSON & HELMS, Charleston, South Carolina, for Appellee.2 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:Appellant appeals from the jury’s verdict in this personal injury action and the district court’s order denying Appellant’smotion for a new trial. 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. Wagner v. K-Mart Corp. , No. CA-96-33-2-18 (D.S.C. June 19 & July 30, 1997). 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
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 216 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 216

  To increase criminal penalties for certain knowing and intentional 
     violations relating to food that is misbranded or adulterated.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 27, 2011

  Mr. Leahy (for himself, Ms. Klobuchar, Mr. Franken, Mr. Kohl, Mrs. 
  Feinstein, and Mr. Durbin) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To increase criminal penalties for certain knowing and intentional 
     violations relating to food that is misbranded or adulterated.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Safety Accountability Act of 
2011''.

SEC. 2. CRIMINAL PENALTIES.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Misbranded and adulterated food
    ``(a) Definition.--In this section, the term `food' has the meaning 
given that term in section 201 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 321).
    ``(b) Offense.--Any person who violates subsection (a), (b), (c), 
or (k) of section 301 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 331) with respect to any food--
            ``(1) knowingly and intentionally to defraud or mislead; 
        and
            ``(2) with conscious or reckless disregard of a risk of 
        death or serious bodily injury,
shall be fined under this title, imprisoned for not more than 10 years, 
or both.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18, United States Code, is amended by adding at the 
end the following:

``1041. Misbranded and adulterated food.''.
                                 <all>
```
No. 44319.

#### Protests 749981-G, etc., of Regina Felt Body Corp. et al. (New York).

Opinion by

Brown, J.

It was stipulated that the merchandise is bodies, hoods, forms, or shapes similar to those the subject of *Cohn*v. *United States*(4 Cust. Ct. 166, C. D. 314). The protests were therefore sustained.
No. 99-7757.

#### Rhoads *v.*Barnett, Warden.

C. A. 7th Cir. Certiorari denied.
<PAGE>   1


                                                                      Exhibit 23





                         Consent of Independent Auditors
                         -------------------------------






             We consent to the incorporation by reference in the Registration
Statement (Form S-8 Number 33-11335) pertaining to the McDonald & Company
Investments, Inc. Stock Option Plan, Registration Statement (Form S-8 Number
33-37603) pertaining to the McDonald & Company Investments, Inc. 1990 Stock
Option Plan for Outside Directors, Registration Statement (Form S-8 Number
33-54521) pertaining to the McDonald & Company Investments, Inc. 1993 Stock
Bonus Plan, Registration Statement (Form S-8 Number 33-65491) pertaining to the
McDonald & Company Investments, Inc. 1995 Stock Bonus Plan, Registration
Statement (Form S-8 Number 33-65489) pertaining to the McDonald & Company
Investments, Inc. 1995 Key Employees Stock Option Plan, and Registration
Statement (Form S-8 Number 33-34889) pertaining to the 1995 Stock Option Plan
for Non-Officer Directors, of our report dated May 5, 1998, with respect to the
consolidated financial statements of McDonald & Company Investments, Inc.
included in this Annual Report (Form 10-K) for the fiscal year ended March 28,
1998.


                                          /s/ Ernst & Young LLP




Cleveland, Ohio
June 19, 1998



                                      -70-
APPENDIX 5A. MATERIAL PRICES

TABLE OF CONTENTS

5A.1 INTRODUCTION .................................................................................................. 5A-1 5A.2 METHODOLOGY ................................................................................................. 5A-1 REFERENCES .................................................................................................................... ..... 5A-3

LIST OF TABLES

Table 5A.2.1 Baseline 2-lamp F32T8 IS Ballast ...................................................................... 5A-2

5A-iAPPENDIX 5A. MATERIAL PRICES

5A.1 INTRODUCTION

This appendix presents the results of an anal ysis to determine how material prices might affect the manufacturer selling price of ballasts.

5A.2 METHODOLOGY

As discussed in the engineering analysis, preliminary TSD chapter 5, DOE conducted teardowns to determine the cost of the bill of materials (BOM) and appropriate direct labor costs for certain fluorescent lamp ballasts. The BO Ms use material prices from January 2009. DOE understands that changes in mate rial prices can affect the u ltimate manufacture r selling price. Therefore, DOE conducted an analysis to deter mine how the cost of the BOM would be affected if DOE used a 5-year average of material prices instead of the material prices in January 2009. For each component type, DOE determined the January 2009 index and a 5-year average index (spanning 2004 to 2008) from the Bureau of Labo r Statistics Producer Price Indices (PPIs). 1 DOE then evaluated how the January 2009 material costs for ballasts varied from the 5-year average price for all ballasts. Including all changes in PPI from the 5-year average, the BOM price was affected by 1.4% for the baseline 2- lamp F32T8 ballast as shown in Table 5A.2.1. DOE analyzed the percentage difference for all ballasts and found that the BOM ranged from

- 0.4% to 2.9% different from the 5-year average. Because these variances are insignificant, DOE decided not to incorporate these material price changes in the engineering analysis.

5A-1Table 5A.2.1 Baseline 2-lamp F32T8 IS Ballast

Component Type Percentage Cost of BOM January 2009 PPI 2004 to 2008 Average PPI Percentage change from January 2009 to 5-year Average PPI Capacitor 14.5% 108.0 109.0 1.0% Resistor 2.0% 172.4 166.2 -3.7% Diode* 6.4% 102.6 107.8 4.8% Transistor* 12.8% 66.4 72.7 8.6%

Analog † 3.4% 63.6 81.7 22.2% Printed Circuit Board 6.3% 103.0 101.4 -1.6% Magnetic 26.8% 171.2 152.9 -11.9% Connector 9.3% 222.6 256.9 13.3% Cold-Rolled Sheets 11.0% 170.4 191.0 10.8%
Fuse 1.0% N/A N/A N/A Plastics & Elastomers 4.8% N/A N/A N/A Other 1.7% N/A N/A N/A Total 100% 1.4% *2004 to 2008 Average PPI does not include the December 2008 price. † Price represents a 3.5 year average as data previous to June 2005 is not available. N/A signifies that the PPI for that material was not available

5A-2REFERENCES

1 U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Indices. (Last accessed June 30, 2009). < http://www.bls.gov/ppi >.

5A-3
Exhibit 32.1

AMTECH SYSTEMS, INC. AND ITS
SUBSIDIARIES

CERTIFICATION PURSUANT TO 18 U.S.C.
SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the Annual Report of Amtech Systems, Inc. (the Company) on
Form 10-K for the period ended September 30, 2008, as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Jong S. Whang,
President and Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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) The
information contained in the Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.

| | By | /s/ Jong S. Whang                         |  | 
| | -- | ----------------------------------------- |  | 
| |    | Jong S. Whang                            
| |    | President and Chief Executive
    Officer | 
| |    | Date:
      December 10, 2008            

---
#### J. E. Bernard & Co., Inc., a/c Sears, Roebuck & Co. et al. *v.*United States

No. 7697.

Invoices dated Montreal, Canada, July 2, 1947, etc.

Entered at Chicago, Ill., September 26, 1947, etc.

Entry No. 1861, etc.

(Decided April 18, 1949)

*James W. Bevans*for the plaintiffs.

*David N. Edelstein,*Assistant Attorney General, for the defendant.

Eicwall, Judge:

The appeals for reappraisement listed in schedule “A”, hereto attached and made a part hereof, have been submitted for decision upon the following stipulation of counsel for the parties hereto:

> IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that the issues in the appeals for reappraisement enumerated in the attached schedule are the same in all material respects as the issues decided in *C. J. Tower & Sons*v. *United States,*Reap. Dec. 7624, and that the record in said case may be incorporated herein.

> IT IS FURTHER STIPULATED AND AGREED that the appraised values of the merchandise involved in the cases enumerated in the attached schedule, less the additions made by the importer on entry because of advances by the appraiser in similar cases, are equal to the prices, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities in the ordinary course of trade, for exportation to the United States, and that the foreign value of such or similar merchandise is no higher.

> IT IS FURTHER STIPULATED AND AGREED that these cases may be submitted on the foregoing stipulation.

On the agreed facts I find the export value, as that value is defined in section 402 (d) 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 appraised values, less the additions made by the importers on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
<PAGE>   1

                                                        EXHIBIT 99(b)


                                            MCDONALD & COMPANY INVESTMENTS, INC.
SELECTED FINANCIAL DATA
<TABLE>
<CAPTION>

                                                                   Fiscal Year Ended
---------------------------------------------------------------------------------------------------------------------------
                                          March 28,         March 29,        March 31,         March 25,         March 26,
(In thousands, except per share amounts)    1997              1996             1995             1994*             1993*
---------------------------------------------------------------------------------------------------------------------------
<S>                                      <C>               <C>              <C>               <C>              <C>      
Operations
   Revenues                              $ 261,497         $ 220,621        $ 177,726         $ 204,680        $ 173,817
   Income before income taxes               38,256            30,766           20,704            34,688           24,700
   Net income                               24,656            19,766           13,684            21,588           16,050
   Net income per share                       2.71              2.18             1.47              2.38             1.92
   Cash dividends paid per share            .36625              .335             .315              .288             .312
                                         
<CAPTION>
Financial position as of:                 March 28,         March 29,        March 31,         March 25,        March 26,
                                            1997              1996            1995              1994              1993
---------------------------------------------------------------------------------------------------------------------------
<S>                                      <C>               <C>              <C>               <C>              <C>      
   Total assets                          $ 501,968         $ 471,101        $ 401,332         $ 590,578        $ 528,942
   Long-term borrowings                     25,000            25,000           25,000            25,000           38,055
   Stockholders' equity                    154,122           130,823          114,362           107,405           77,927
                                   
<FN>
* All net income per share and cash dividends paid per share information has
been adjusted for a 20% stock dividend paid during the fiscal year ended March
25, 1994.
</TABLE>

                                     -34-
Before the Second Division,

February 7, 1941

No. 45352.

#### Protest 16092-K of Brabender Corp. (New York).

Opinion by

Kincheloe, J.

The exhibit consisted of a long roll of paper about 8)4 inches wide around a paper tube. The paper is printed and ruled lengthwise with a series of straight lines and crosswise with circular lines. Near each edge the paper is perforated with small holes. " It was held to be obvious that it is *536something more than mere paper under the tariff act, and not to come within the meaning of the term chart. *Sheldon*v. *United States*(4 Cust. Ct. 42, T. D. 33265) and *Winsor*v. *United States*(6 Cust. Ct. 82, C. D. 432) cited. On the record presented the protest was overruled.
February 20, 1940

No. 43278.

Suit *4213.*

#### *United States*v. *Sears, Roebuck & Co.*

Abstract 39947 reversed. C. A. D. 91.
[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Rules and Regulations]
[Page 40948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20163]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 97-25; RM-8981]


Radio Broadcasting Services; Fife Lake, MI

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: This document allots Channel 240A to Fife Lake, Michigan, as 
that community's first FM broadcast service in response to a petition 
filed by Fife Lake Broadcasting Company. See 62 FR 4224, January 29, 
1997. The coordinates for Channel 240A at Fife Lake are 44-34-36 and 
85-20-54. Canadian concurrence has been obtained for this allotment. 
With this action, this proceeding is terminated.

DATES: Effective September 8, 1997. The window period for filing 
applications for Channel 240A at Fife Lake, Michigan, will open on 
September 8, 1997, and close on October 9, 1997.

FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, MM Docket No. 97-25, adopted July 16, 1997, and released 
July 25, 1997. The full text of this Commission decision is available 
for inspection and copying during normal business hours in the 
Commission's Reference Center (Room 239), 1919 M Street, NW, 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractors, International 
Transcription Services, Inc., 2100 M Street, NW., Suite 140, 
Washington, DC. 20037, (202) 857-3800.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

    Part 73 of title 47 of the Code of Federal Regulations is amended 
as follows:

PART 73--[AMENDED]

    1. The authority citation for part 73 continues to read as follows:

    Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154, 
as amended.


Sec. 73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Michigan, is 
amended by adding Fife Lake, Channel 240A.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 97-20163 Filed 7-30-97; 8:45 am]
BILLING CODE 6712-01-P
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2211 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2211

 To ban the exportation of crude oil produced on Federal land, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2012

 Mr. Menendez introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
 To ban the exportation of crude oil produced on Federal land, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Oil for American Families 
Act of 2012''.

SEC. 2. BAN ON EXPORTING CRUDE OIL PRODUCED ON FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Petroleum product.--The term ``petroleum product'' 
        means any of the following:
                    (A) Finished reformulated or conventional motor 
                gasoline.
                    (B) Finished aviation gasoline.
                    (C) Kerosene-type jet fuel.
                    (D) Kerosene.
                    (E) Distillate fuel oil.
                    (F) Residual fuel oil.
                    (G) Lubricants.
                    (H) Waxes.
                    (I) Petroleum coke.
                    (J) Asphalt and road oil.
            (2) Public land.--The term ``public land'' means any land 
        and interest in land owned by the United States within the 
        several States and administered by the Secretary concerned, 
        without regard to how the United States acquired ownership.
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                land managed by the Bureau of Land Management 
                (including land held for the benefit of an Indian 
                tribe).
    (b) Ban.--Notwithstanding any other provision of law, petroleum 
extracted from public land in the United States (including land located 
on the outer Continental Shelf), or a petroleum product produced from 
the petroleum, may not be exported from the United States.
                                 <all>
```
EXHIBIT 31.1: Rule 13a-14(a) Certification - CEO

I, Yao Qitai, certify that:

       1.  I have reviewed this quarterly report on Form 10-QSB of
Pingchuan Pharmaceutical, 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 small business issuer as of, and for, the periods presented
in this  report;

       4.  The small business issuer's other certifying officers and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
small business issuer 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 small
business issuer, 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 small business issuer'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; and

       c) Disclosed in this report any change in the small business
issuer's internal controls over financial reporting that occurred during
the small business issuer's most recent fiscal quarter (the small
business issuer's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially
affect, the small business issuer's internal control over financial
reporting; and

       5.  The small business issuer's other certifying officers and I
have disclosed, based on our most recent evaluation of internal controls
over financial reporting, to the small business issuer's auditors and the
audit committee of the small business issuer's board of directors (or
persons performing the equivalent functions):

       a)  All significant deficiencies and material weaknesses in the
design or operation of internal controls over financial reporting which
are reasonably likely to  adversely affect the small business issuer'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 small business
issuer's internal controls over financial reporting.

Date: May 12, 2006              /s/ Yao Qitai
                                -----------------------------------
                                Yao Qitai, Chief Executive Officer