alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David L. DODGE and Doris M. Dodge, his wife, Appellants, v. WILLIAM E. ARNOLD COMPANY and Fidelity *&*Casualty Company of New York, Appellees.

No. BB-271.

District Court of Appeal of Florida, First District.

April 6, 1977.

*1360W. M. Chanfrau, Daytona Beach, and Anthony I. Provitola, of Provitola & McDer-mott, De Land, for appellants.

Robert K. Rouse, Jr., of Smalbein, Eu-bank, Johnson, Rosier & Bussey, Daytona Beach, for appellees.

PER CURIAM.

Appellants, plaintiffs in the trial court, seek review of a final summary judgment in favor of the defendant there, appellee here. Appellant Dodge, a journeyman electrician, while working at his trade on a building site, was injured as a result of the alleged negligence of an employee of appel-lee. Appellee was general contractor for the job and Paxon Electric Company was a subcontractor. At the time of the incident giving rise to this controversy plaintiff was “employed” by Olson Electric Company which company provided and paid workmen’s compensation benefits to Dodge. By virtue of an unwritten agreement, the provisions of which are not clear from the record, Olson Electric furnished Dodge and other electricians to Paxon Electric Company for the performance of the latter’s subcontract. Dodge sued the general contractor, William E. Arnold Company, for damages sustained as a result of his injuries and the latter asserted a defense of immunity under the provisions of Chapter 440, Florida Statutes, specifically Section 440.11.

The parties agree that unless the record establishes that appellee was obliged under Chapter 440, Florida Statutes, to provide the compensation required by the act for appellant then the chapter affords no immunity. The immunity afforded under Section 440.10 arises from the liability of an employer to secure the compensation required by the act.

It is axiomatic that a summary judgment may not be properly granted unless there is no issue of material fact. *(Connell v. Sledge,*306 So.2d 194 (Fla. DCA 1st 1975)). The burden is upon the party moving for summary judgment to demonstrate that there are no issues of material fact and there is no burden upon the party moved against to “fill the gaps in the record”.

Sub judice the record is unclear as to the basis upon which the trial court determined immunity. Neither is the relationship or arrangement between Olson Electric Company and Paxon Electric Company made clear. The record is insufficient, for instance, for either the trial court or this court to determine whether or not Olson Electric Company was a subcontractor or a sub-subcontractor or whether appellant was a “loaned employee”. We determine therefore that the summary judgment here appealed was premature.

REVERSED.

BOYER, C. J., MILLS, J., and JOPLING, WALLACE, Associate Judge, concur.
(Reap. Dec. 9152)

#### Autobooks *v.*United States

Entry No. 21892.

(Decided May 14, 1958)

Plaintiff not represented by counsel.

*George Cochran Doub,*Assistant Attorney General *(Richard E. FitzGibbon,*trial attorney), for the defendant.

WilsoN, Judge:

This appeal for reappraisement covers certain books, which were appraised at 80 shillings each, less a discount of 33% per centum. Plaintiff claims the proper value of the merchandise is the invoiced price, less a discount of 40 per centum.

Section 402 (c) of the Tariff Act of 1930, as amended, provides that the foreign value of imported merchandise shall be the market value or the price at the time of exportation of such merchandise to the United States, at which such or similar merchandise “is freely offered for sale for home consumption to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade * * Section 402 (d) of the tariff act provides that the export value of imported merchandise shall be “the market value or the price * * * 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 and in the ordinary course of trade, for exportation to the United States * * *.” The plaintiff herein has failed to establish the claimed value within the above statutory limitations.

The record herein is devoid of any competent evidence to overcome the presumption of correctness attaching to the appraisement. The plaintiff’s owner, appearing in person on his own behalf, made an unsworn statement and then presented to the court certain documents (plaintiff’s collective exhibit 1), which he designated “affidavits,” but which, in reality, are ordinary letters which do not meet the requirements specified in 28 U. S. C., section 2633, wherein it is stated “affidavits and depositions of persons whose attendance cannot reasonably be had, price lists and catalogues * * * may be admitted in evidence.” Furthermore, even though the letters constituting plaintiff’s collective exhibit 1 were construed to be statements meeting the requirements of section 2633, *supra,*yet they fall far short of proving plaintiff’s case.

Accordingly, I find and hold that the proper value of the merchandise is the value returned by the -appraiser. Let judgment be entered accordingly.
No. 42146.

#### Protests 829010-G, etc., of Scaramelli & Co. et al. (New York).

Opinion by

Keefe, J.

In view of the evidence and the agreed statement of facts it was held that the inedible covering of the cheese in question is properly the subject of allowance as tare under the principle announced in *Kraft*v. *United States*(T. D. 47955) and *Locatelli*v. *United States*(T. D. 48284). The protests were therefore sustained in part.
II 

109TH CONGRESS 

1ST SESSION S. 120 

For the relief of Esidronio Arreola-Saucedo, Maria Elna Cobian Arreola, 

Nayely Bibiana Arreola, and Cindy Jael Arreola. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

For the relief of Esidronio Arreola-Saucedo, Maria Elna 

Cobian Arreola, Nayely Bibiana Arreola, and Cindy Jael 

Arreola. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ADJUSTMENT OF STATUS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law or any order, for the purposes of the Immigra6 tion and Nationality Act (8 U.S.C. 1101 et seq.), 

7 Esidronio Arreola-Saucedo, Maria Elna Cobian Arreola, 

8 Nayely Bibiana Arreola, and Cindy Jael Arreola shall be 

9 deemed to have been lawfully admitted to, and remained 

10 in, the United States, and shall be eligible for issuance 
2 

•S 120 IS

1 of an immigrant visa or for adjustment of status under 

2 section 245 of the Immigration and Nationality Act (8 

3 U.S.C. 1255). 

4 (b) APPLICATION AND PAYMENT OF FEES.—Sub5 section (a) shall apply only if the applications for issuance 

6 of immigrant visas or the applications for adjustment of 

7 status are filed with appropriate fees within 2 years after 

8 the date of enactment of this Act. 

9 (c) REDUCTION OF IMMIGRANT VISA NUMBERS.— 

10 Upon the granting of immigrant visas to Esidronio 

11 Arreola-Saucedo, Maria Elna Cobian Arreola, Nayely 

12 Bibiana Arreola, and Cindy Jael Arreola, the Secretary 

13 of State shall instruct the proper officer to reduce by 4, 

14 during the current or subsequent fiscal year, the total 

15 number of immigrant visas that are made available to na16 tives of the country of the aliens’ birth under section 

17 202(e) or 203(a) of the Immigration and Nationality Act 

18 (8 U.S.C. 1152(e), 1153(a)), as applicable. 

Æ
II 

109TH CONGRESS 

1ST SESSION S. 1157 

To amend the Internal Revenue Code of 1986 to treat gold, silver, platinum, 

and palladium, in either coin or bar form, in the same manner as 

equities and mutual funds for purposes of the maximum capital gains 

rate for individuals. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2005 

Mr. CRAPO (for himself, Mr. REID, Mr. ALLARD, Mr. BAUCUS, Mr. CRAIG, 

and Mr. ENSIGN) introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to treat gold, 

silver, platinum, and palladium, in either coin or bar 

form, in the same manner as equities and mutual funds 

for purposes of the maximum capital gains rate for individuals. 

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 ‘‘Fair Treatment for 

5 Precious Metals Investors Act’’. 
2 

•S 1157 IS

1 SEC. 2. GOLD, SILVER, PLATINUM, AND PALLADIUM TREAT2 ED IN THE SAME MANNER AS STOCKS AND 

3 BONDS FOR MAXIMUM CAPITAL GAINS RATE 

4 FOR INDIVIDUALS. 

5 (a) IN GENERAL.—Section 1(h)(5) of the Internal 

6 Revenue Code of 1986 (relating to definition of collectibles 

7 gain and loss) is amended— 

8 (1) by striking ‘‘(as defined in section 408(m) 

9 without regard to paragraph (3) thereof)’’ in sub10 paragraph (A), and 

11 (2) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) COLLECTIBLE.—For purposes of this 

14 paragraph, the term ‘collectible’ has the mean15 ing given such term by section 408(m), except 

16 that in applying paragraph (3)(B) thereof the 

17 determination of whether any bullion is ex18 cluded from treatment as a collectible shall be 

19 made without regard to the person who is in 

20 physical possession of the bullion.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall apply to taxable years beginning after 

23 December 31, 2004. 

Æ
EXHIBIT 23.	

 

 

 

 

 

 

 

CONSENT OF INDEPENDENT ACCOUNTANTS

 

 

 

 

 

 

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (File Nos. 33-58129, 2-92048, 2-97522, 2-97523, 333-92615 and 333-92617) of AMC Entertainment Inc. and subsidiaries of our report dated May21, 2001 relating to the financial statements, which appears in this Form 10-K.

 

 

/s/ PricewaterhouseCoopers LLP

Kansas City, Missouri

June 25, 2001
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: November 17, 2005            /s/ Yao Qitai
                                   ----------------------------------
                                   Yao Qitai, Chief Executive Officer
II 

112TH CONGRESS 

2D SESSION S. 2308 

To extend the temporary suspension of duty on yarn of combed cashmere 

or yarn of camel hair. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2012 

Mr. LIEBERMAN introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on yarn of 

combed cashmere or yarn of camel hair. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. YARN OF COMBED CASHMERE OR YARN OF 

4 CAMEL HAIR. 

5 (a) IN GENERAL.—Heading 9902.03.01 of the Har6 monized Tariff Schedule of the United States (relating to 

7 yarn of combed cashmere or yarn of camel hair) is amend8 ed by striking the date in the effective period column and 

9 inserting ‘‘12/31/2015’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 2308 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of enactment of this Act. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
#### Carl M. Loeb, Rhoades & Co. *v.*United States

No. 6006.

Invoices dated Buenos Aires, May ,15 and 16, 1941.

Certified May 15 and 16, 1941.

Entered at Rochester, N. Y., June 20, 1941. •

Entry No. 148.

(Decided May 12, 1944)

Plaintiff not represented by counsel.

*Paul P. Bao,*Assistant Attorney General *(Daniel I. Auster,*special attorney), for the defendant.

Walker, Judge:

When this case was called for trial counsel for the Government made the following statement:

> May it please Your Honor, in this case there was included in the appraised value certain charges which we now find are really not a dutiable item. Accordingly, the Government is willing to concede that the dutiable export value, there being no higher foreign value for such or similar merchandise,'’ is the appraised value thereof, less freight and all invoice charges other than receiving and marks-

This statement was agreed to by a representative of the importer’

I therefore find that the proper basis of value for the merchandise at bar is the export value as defined in section 402 (d) of the Tariff Act of 1930, and that such value is the appraised value, less freight and all invoice- charges other than those set forth as “receiving” and “marks.”

Judgment will issue accordingly.
# C_2014409EN.01002201.xml

| 17.11.2014 | EN | Official Journal of the European Union | C 409/22 |
| --- | --- | --- | --- |

17.11.2014

EN

Official Journal of the European Union

C 409/22

---

Order of the Court (Eighth Chamber) of 4 September 2014 — Cindu Chemicals BV, Deza a.s., Koppers Denmark A/S, Koppers UK Ltd v European Chemicals Agency (ECHA), European Commission

(Case C-289/13 P) (1)

1

((Appeals - Article 181 of the Rules of Procedure of the Court - Regulation (EC) No 1907/2006 (REACH Regulation) - Article 59 and Annex XIII - Identification of anthracene oil, anthracene low, as a substance of very high concern, to be made subject to the authorisation procedure - Equal treatment))

2014/C 409/30

Language of the case: English

Parties

Parties

Appellants: Cindu Chemicals BV, Deza a.s., Koppers Denmark A/S, Koppers UK Ltd (represented by: K. Van Maldegem, avocat)

Appellants:

Other parties to the proceedings: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, W. Broere and T. Zbihlej, acting as Agents, and by J. Stuyck and A.-M. Vandromme, advocaten), European Commission (represented by: E. Manhaeve and P. Oliver, acting as Agents)

Other parties to the proceedings:

Operative part of the order

Operative part of the order

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Cindu Chemicals BV, Deza a.s., Koppers Denmark A/S and Koppers UK Ltd to pay the costs. |
| --- | --- |

2.

Orders Cindu Chemicals BV, Deza a.s., Koppers Denmark A/S and Koppers UK Ltd to pay the costs.

---

(1)  OJ C 252, 31.8.2013.

1

---
```
[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Notices]
[Page 43183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21241]

[[Page 43183]]

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

DEPARTMENT OF THE INTERIOR

National Park Service

Delaware and Lehigh Navigation Canal National Heritage Corridor 
Commission Meeting

AGENCY: National Park Service, Interior.

ACTION: Notice of meeting.

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

SUMMARY: This notice announces an upcoming meeting of the Delaware and 
Lehigh Navigation Canal National Heritage Corridor Commission. Notice 
of this meeting is required under the Federal Advisory Committee Act 
(Pub. L. 92-463).

MEETING DATE AND TIME: Wednesday, August 20, 1997; 1:30-4:00 p.m.

ADDRESSES: Commission Offices, 10 E. Church Street, Room P-205, 
Bethlehem, PA 18018.
    The agenda for the meeting will focus on implementation of the 
Management Action Plan for the Delaware and Lehigh Canal National 
Heritage Corridor and State Heritage Park. The Commission was 
established to assist the Commonwealth of Pennsylvania and its 
political subdivisions in planning and implementing an integrated 
strategy for protecting and promoting cultural, historic and natural 
resources. The Commission reports to the Secretary of the Interior and 
to Congress.

SUPPLEMENTARY INFORMATION: The Delaware and Lehigh Navigation Canal 
National Heritage Corridor Commission was established by Pub. L. 100-
692, November 18, 1988.

FOR FURTHER INFORMATION CONTACT: Executive Director, Delaware and 
Lehigh Navigation Canal, National Heritage Corridor Commission, 10 E. 
Church Street, Room P-208, Bethlehem, PA 18018, (610) 861-9345.

    Dated: August 1, 1997.
Gerald R. Bastoni,
Executive Director, Delaware and Lehigh Navigation Canal NHC 
Commission.
[FR Doc. 97-21241 Filed 8-11-97; 8:45 am]
BILLING CODE 6820-PE-M
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ADVANCED 
NMR SYSTEMS, INC.'S CONSOLIDATED BALANCE SHEET, STATEMENT OF INCOME, AND 
STATEMENT OF CASH FLOW FOR THE PERIOD ENDED SEPTEMBER 30, 1995, AND IS 
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                           7,543
<SECURITIES>                                         0
<RECEIVABLES>                                   11,861
<ALLOWANCES>                                   (2,119)
<INVENTORY>                                      3,313
<CURRENT-ASSETS>                                22,570
<PP&E>                                          10,174
<DEPRECIATION>                                   1,966
<TOTAL-ASSETS>                                  58,432
<CURRENT-LIABILITIES>                           11,487
<BONDS>                                              0
<COMMON>                                           302
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      27,716
<TOTAL-LIABILITY-AND-EQUITY>                    28,018
<SALES>                                          8,577
<TOTAL-REVENUES>                                 8,618
<CGS>                                            5,328
<TOTAL-COSTS>                                   11,561
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   162
<INTEREST-EXPENSE>                                 149
<INCOME-PRETAX>                            (1,677,758)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,677,758)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,677,758)
<EPS-PRIMARY>                                    (.07)
<EPS-DILUTED>                                    (.07)
        

</TABLE>
S. 1165

One Hundred Ninth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the third day of January, two thousand and six

An Act

To provide for the expansion of the James Campbell National Wildlife Refuge,

Honolulu County, Hawaii.

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 ‘‘James Campbell National Wildlife

Refuge Expansion Act of 2005’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) the United States Fish and Wildlife Service manages

the James Campbell National Wildlife Refuge for the purpose

of promoting the recovery of 4 species of endangered Hawaiian

waterbirds;

(2) the United States Fish and Wildlife Service leases

approximately 240 acres of high-value wetland habitat

(including ponds, marshes, freshwater springs, and adjacent

land) and manages the habitat in accordance with the National

Wildlife Refuge System Improvement Act (16 U.S.C. 668dd

note; Public Law 105–312);

(3) the United States Fish and Wildlife Service entered

into a contract to purchase in fee title the land described

in paragraph (2) from the estate of James Campbell for the

purposes of—

(A) permanently protecting the endangered species

habitat; and

(B) improving the management of the Refuge;

(4) the United States Fish and Wildlife Service has identified for inclusion in the Refuge approximately 800 acres of

additional high-value wildlife habitat adjacent to the Refuge

that are owned by the estate of James Campbell;

(5) the land of the estate of James Campbell on the Kahuku

Coast features coastal dunes, coastal wetlands, and coastal

strand that promote biological diversity for threatened and

endangered species, including—

(A) the 4 species of endangered Hawaiian waterbirds

described in paragraph (1);

(B) migratory shorebirds;

(C) waterfowl;

(D) seabirds;

(E) endangered and native plant species;

(F) endangered monk seals; and

(G) green sea turtles;
#### Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

77-119.

Supreme Court of Alabama.

Dec. 22, 1977.

FAULKNER, Justice.

WRIT DENIED.

TORBERT, C. J., and BLOODWORTH, ALMON and EMBRY, JJ., concur.