alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 MARCH 24, 2011

JOHN LEY

CLERK

[DO NOT PUBLISH]

 IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 10-13220 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 1:10-cv-00035-SPM-AK

STEVEN MARTINS,

l 

 Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA,

 Defendant-Appellee.

________________________

 Appeal from the United States District Court

 for the Northern District of Florida

 ________________________

(March 24, 2011)

Before MARCUS, WILSON and ANDERSON, Circuit Judges.

PER CURIAM:

Steven Martins appeals pro se the district court’s sua sponte dismissal of his

tax refund action brought pursuant to 26 U.S.C. §§ 6402(a) & 7422. In his complaint,
Martins asserted that he was entitled to a full refund of all federal taxes paid through

withholding, as the pay he received from his employment at United Parcel Service

(“UPS”) in Gainesville, Florida did not qualify as taxable wages within the meaning

of certain provisions in the Internal Revenue Code (“IRC”). The district court sua

sponte dismissed the action as frivolous. Martins asserts on appeal that the district

court erred in determining his claim for a tax refund was frivolous, because it did not

address his novel arguments concerning the meaning of certain provisions in the IRC. 

After thorough review, we affirm.

We review a district court’s sua sponte dismissal of a claim de novo. See

American United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1057, 1070 (11th Cir.

2007). However, a determination of frivolity isreviewed for abuse of discretion. See

Cordoba v. Dillard’s, Inc., 419 F.3d 1169, 1179 (11th Cir. 2005). 

We have long held asfrivolous claims that income “derived from employment

in the private sector[] is not subject to federal taxation.” United States v. Morse, 532

F.3d 1130, 1132-33 (11th Cir. 2008) (per curiam); see Motes v. United States, 785

F.2d 928, 928 (11th Cir. 1986) (rejecting argument that “only public servants are

subject to tax liability”). 

Here, the district court correctly determined that Martins’ claims were

frivolous. Martins does not dispute that he received money from UPS in exchange

2
for his services as a driver during the tax years in question, nor does he dispute the

government’s calculation regarding the amount of money he received. He argues

only that the money that he received for his services is non-taxable, based on a

narrow reading of the statutory language in the IRC and because he worked for a

private sector corporation. These arguments are frivolous. See Morse, 532 F.3d at

1132-33;see also Motes, 785 F.2d at 928. Accordingly, we affirm the district court’s

summary dismissal of Martins’ action for a tax refund.

AFFIRMED.

3
```

[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Extensions of Remarks]
[Page E1615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

   CONGRATULATING THE HISPANIC CHAMBER OF COMMERCE OF METRO ORLANDO, 
           RECIPIENT OF THE 2012 HISPANIC CHAMBER OF THE YEAR

                                 ______
                                 

                          HON. DANIEL WEBSTER

                               of florida

                    in the house of representatives

                       Friday, September 21, 2012

  Mr. WEBSTER. Mr. Speaker, it is my pleasure to recognize the Hispanic 
Chamber of Commerce of Metro Orlando for recently being named the 2012 
Hispanic Chamber of the Year by the United States Hispanic Chamber of 
Commerce. Since 1993, the Hispanic Chamber of Commerce of Metro Orlando 
has been dedicated to their mission of providing leadership and support 
to the Hispanic business community in Central Florida.
  The Hispanic Chamber of Commerce of Metro Orlando is a non-profit 
organization representing over 1,200 members and serving Hispanic 
business owners and enterprises across Central Florida. Among the 200 
members of the United States Hispanic Chamber of Commerce that were 
eligible for nomination and honor, the national organization presented 
the award to the Metro Orlando Chamber on the basis of their 
outstanding leadership, accomplishments and quality of service to 
enhance the economic development of Central Florida's Hispanic business 
community. This national honor is awarded annually to one Hispanic 
Chamber of Commerce that has excelled at strengthening business 
excellence in their community.
  This is not the first time that the Hispanic Chamber of Commerce of 
Metro Orlando has been recognized for their commitment to serving 
Hispanic enterprises across Central Florida. The Metro Orlando Chamber 
has been chosen and honored seven prior times by the National Chamber 
for their standards of excellence to support, promote and strengthen 
the Hispanic business community.
  The excellence with which the Hispanic Chamber of Commerce of Metro 
Orlando serves Central Florida's Hispanic business community and 
enterprises is evident from their many recognitions. I am pleased to 
congratulate them on being named the 2012 Hispanic Chamber of the Year.

                          ____________________
```
Exhibit 10.19


PROMISSORY NOTE


								Coalton, Kentucky

	FOR VALUE RECEIVED, _____________ ("Borrower") hereby promises to
pay to the order of Kentucky Electric Steel, Inc. (the "Company"), at
its offices in Coalton, Kentucky, the principal amount of
_______________.  Subject to the terms of that certain Loan Forgiveness
Agreement between the Company and Borrower of even date herewith, (the
"Agreement"), the principal amount outstanding under this Note shall be
due and payable in full on January 1, 2008.

This Note shall bear interest at the rate of five and thirty-seven
hundredths percent (5.37%) per annum, payable on each Forgiveness Date
(as defined in the Agreement) subject to the terms of the Agreement.

If this Note is placed in the hands of an attorney for collection, or
suit is brought on same, or same is collected through probate, or
bankruptcy, or insolvency proceedings of any nature, or by other judicial
proceedings, Borrower agrees to pay a reasonable attorney's fee in
addition to the principal and interest then owing.

Borrower hereby waives presentment for payment, demand, notice of
nonpayment, protest, and notice of protest.


_____________________________________
October 6, 1999
Date

<TABLE>
Kentucky Electric Steel, Inc.
Supplemental Schedule for Exhibit 10.19
Promissory Note
<CAPTION>


                                                           Amount of
      Name                         Title                     Notes
      <S>                          <C>                     <C>
Charles C. Hanebuth        President and Chief Executive Officer          $213,862
William J. Jessie          Vice President & Chief Financial Officer       $ 69,315
Joseph E. Harrison         Vice President, Sales & Marketing              $101,470
William H. Gerak           Vice President, Administration                 $ 84,740
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0000910678
<NAME> PINNACLE FINANCIAL CORPORATION

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       9,418,050
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                               430,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 95,100,720
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                    154,270,583
<ALLOWANCE>                                  2,113,735
<TOTAL-ASSETS>                             273,077,145
<DEPOSITS>                                 218,344,441
<SHORT-TERM>                                 7,500,000
<LIABILITIES-OTHER>                          5,771,902
<LONG-TERM>                                  3,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     7,680,000
<OTHER-SE>                                  30,780,802
<TOTAL-LIABILITIES-AND-EQUITY>             273,077,145
<INTEREST-LOAN>                             14,527,573
<INTEREST-INVEST>                            5,799,190
<INTEREST-OTHER>                               242,797
<INTEREST-TOTAL>                            20,569,560
<INTEREST-DEPOSIT>                           7,400,198
<INTEREST-EXPENSE>                           7,477,377
<INTEREST-INCOME-NET>                       13,092,183
<LOAN-LOSSES>                                  300,000
<SECURITIES-GAINS>                             (4,089)
<EXPENSE-OTHER>                              7,724,348
<INCOME-PRETAX>                              7,364,519
<INCOME-PRE-EXTRAORDINARY>                   7,364,519
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,075,319
<EPS-BASIC>                                       6.61
<EPS-DILUTED>                                     6.61
<YIELD-ACTUAL>                                     8.5
<LOANS-NON>                                     48,641
<LOANS-PAST>                                   237,571
<LOANS-TROUBLED>                               188,835
<LOANS-PROBLEM>                                675,741
<ALLOWANCE-OPEN>                             2,070,005
<CHARGE-OFFS>                                  425,334
<RECOVERIES>                                   169,064
<ALLOWANCE-CLOSE>                            2,113,735
<ALLOWANCE-DOMESTIC>                           781,404
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                      1,332,404


</TABLE>
INDEPENDENT AUDITORS' REPORT ON SCHEDLUE AND CONSENT

The Board of Directors and Stockholders
Royal Grip, Inc.:

The audit referred to in our report dated February 24, 1995 included the related
consolidated  financial  statement  schedule  as  of  December  31,  1994.  This
consolidated financial statement schedule is the responsibility of the Company's
management.  Our  responsibility  is to express an opinion on this  consolidated
financial  statement  schedule  based  on  our  audit.  In  our  opinion,   such
consolidated  financial statement  schedule,  when considered in relation to the
basic consolidated financial statements taken as a whole, presents fairly in all
material respects the information set forth therein.

We consent to  incorporation  by reference in the  Registration  Statements  No.
33-99944,  No. 33-69212,  No. 33-69222,  No. 33-81742 on Form S-8 of Royal Grip,
Inc.  of our report  dated  February  24,  1995,  relating  to the  consolidated
statements  of  operations,  stockholders'  equity  and cash  flows and  related
schedule of Royal Grip,  Inc. and  subsidiaries  for the year ended December 31,
1994,  which report  appears in the December 31, 1996 Annual Report on Form 10-K
of Royal Grip, Inc.


                                        KPMG PEAT MARWICK LLP

Phoenix, Arizona
April 14, 1997
CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements on
Form S-3, No. 333-88011, No. 333-62175, No. 333-52747, and No. 333-31292 of Wild
Oats Markets, Inc. and the Registration Statements on Form S-8, No. 333-66347
and No. 333-20539 pertaining to certain benefit plans of Wild Oats Markets, Inc.
of our report dated November 17, 1999, with respect to the financial statements
of Sun Harvest Farms, Inc. as of September 28, 1999, December 29, 1998, and
December 30, 1997, and for the nine-month period ended September 28, 1999 and
the fiscal years ended December 29, 1998, December 30, 1997, and December 31,
1996, included in the Annual Report (Form 10-K) dated March 27, 2000.


Ernst & Young LLP

San Antonio, Texas
March 27, 2000
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

OLGA BLACKLEDGE,

Respondent

v.

CHARLES BLACKLEDGE,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 19 WM 2021

ORDER

PER CURIAM

AND NOW , this 31st day of March , 2021

, Petitioner’s Emergency Motion is

DENIED

.
Exhibit 3.3

CERTIFICATE OF MERGER

OF

AMERICAN BIOSCIENCE, INC.

INTO

AMERICAN PHARMACEUTICAL PARTNERS, INC.

Under Section 252 of the Delaware General Corporation Law (DGCL)

The undersigned American Pharmaceutical
Partners, Inc., a Delaware corporation (the Company), DOES HEREBY CERTIFY:

FIRST: That the name and state of incorporation of
each of the constituent corporations of the merger is as follows:



|                                       |  |                       
|-------------------------------------- |  | ----------------------
|Name                                   |  | State of Incorporation
|                                       | 
|American BioScience, Inc.              |  | California            
|                                       | 
|American Pharmaceutical Partners, Inc. |  | Delaware              

SECOND: That an agreement and plan of merger between the Company and American BioScience, Inc.,
dated November 27, 2005 (the Merger Agreement), has been approved, adopted, certified, executed and acknowledged by each of the constituent corporations in accordance with Section 252 of the General Corporation Law of the State
of Delaware.

THIRD: The Company shall be the surviving corporation of the merger (the Surviving Corporation). At the effective
time of the merger, the name of the Surviving Corporation will be amended to be Abraxis Bioscience, Inc. as set forth in Article Fourth.

FOURTH: The Amended and Restated Certificate of Incorporation of the Company shall be the Certificate of Incorporation of the Surviving Corporation, with such Amended and Restated Certificate of Incorporation being amended as follows:

(a) Section 1 of the Amended and Restated Certificate of Incorporation is amended to read in its entirety as follows:

Section 1

The name of the corporation
is Abraxis BioScience, Inc. (the Corporation).



---

(b) Section 4.1 of the Amended and Restated Certificate of Incorporation is amended to read in its
entirety as follows:

4.1 The aggregate number of shares of capital stock which the Corporation shall have authority
to issue is 356,000,000, consisting of 350,000,000 shares of common stock, $.001 par value per share (Common Stock), and 6,000,000 shares of preferred stock $.001 par value per share (Preferred Stock).

FIFTH: The executed Merger Agreement is on file at an office of the Surviving Corporation at 1501 East Woodfield Road, Suite 300 East, Schaumburg,
Illinois 60173-5837.

SIXTH: A copy of the Merger Agreement will be furnished by the Surviving Corporation, on request and without cost, to
any stockholder of any constituent corporation.

SEVENTH: The authorized capital stock of American BioScience, Inc., the only constituent
corporation which is not a Delaware corporation, is 300,000,000 shares of common stock and 32,500,000 shares of preferred stock.

Dated: April 18,
2006



AMERICAN PHARMACEUTICAL PARTNERS, INC.By:

/s/ Patrick Soon-ShiongName:

Patrick Soon-ShiongTitle:

Chief Executive Officer




- 2 -
**Exhibit
      10.3**









Kerr-McGee
                North Sea (U.K.) Limited
              Ninian
                House
              Crawpell
                Road
              Altens
              Aberdeen
                AB12
                3LG.











30 th August 2005





Centrica
      Resources Limited


Millstream
      East


Maidenhead
      Road


Windsor


Berkshire
      SL4 5GD.








Dear
      Sirs




We
      refer to the sale and purchase agreement executed on 6 th August 2005 between Kerr-McGee North Sea (U.K.) Limited (“Kerr-McGee”) and
      Centrica Resources Limited (“Centrica”) in respect of Kerr-McGee’s interests in
      the Buckland Field (the “Buckland SPA”) and the sale and purchase agreement
      executed on 6 th August 2005 between Kerr-McGee North Sea (U.K.) Limited and Centrica Resources
      Limited in respect of Kerr-McGee’s interests in the Skene Field (the “Skene
      SPA”).




In
      order to more clearly reflect the intention of the parties we agree
      that




(1)
      with effect from 6 th August 2005 the text of Schedule 7 to the Buckland SPA shall be deleted and
      replaced with the following text:




**Buckland
      Field**




The
      following interests held by Kerr-McGee North Sea (U.K.) Limited:




Kerr-McGee’s
      thirty three decimal three three three three three three three percent
      (33.3333333%) interest in UKCS Licence P.103 Area G and Area W, as Areas G
      and W
      are defined in the Restated Northern Waters Joint Operating Agreement dated
      9th
      November 1995 as amended.




(2)
      with effect from 6 th August 2005 the text of Schedule 7 to the Skene SPA shall be deleted and
      replaced with the following text:




**Skene
      Field**




The
      following interest held by Kerr-McGee North Sea (U.K.) Limited:







Kerr-McGee’s
      thirty three decimal three three three three three three three percent
      (33.3333333%) interest in UKCS Licence P.103 Area O, as Area O is defined in
      the
      Restated Northern Waters Joint Operating Agreement dated 9th November 1995
      as
      amended.




(3)
      in respect of the Buckland SPA, the Base Consideration as therein defined shall
      be allocated by Centrica between Areas G and W and a notice, supplemental to
      that served on the Area G parties and the Area W parties on 10 th August 2005, shall be served by Kerr-McGee on the Area G parties and the Area
      W
      parties stating such allocated consideration.




Please
      sign and return the enclosed copy of this letter indicating your agreement
      to
      it.




Yours
      faithfully




TERENCE
      JUPP









Kerr
      McGee North Sea (UK) Limited




ANTHONY
      C. HENSHAW









Agreed
      for Centrica Resources Limited
**EXHIBIT 32.1**

**CERTIFICATION PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT**

November 9, 2005

U. S. Securities and Exchange Commission450 Fifth Street, N. W.Washington, D.C. 20549

Ladies and Gentlemen:

The certification set forth below is being submittedto the Securities and Exchange Commission solely for the purpose of complyingwith Section 1350 of Chapter 63 of Title 18 of the United States Code.This certification is not to be deemed to be filed pursuant to the SecuritiesExchange Act of 1934 and does not constitute a part of the Quarterly Report on Form 10-Q(the “Report”) accompanying this letter and is not to be incorporated byreference into any filing, whether made before or after the date hereof,regardless of any general incorporation language in such filing.

I, Curtis A. Morgan, the President and Chief ExecutiveOfficer of Mirant Americas Generation, LLC (the “Company”), certify that,subject to the qualifications noted below, to the best of my knowledge:

1.                the Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.                theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of Mirant AmericasGeneration, LLC.
| Name:    | /s/ CURTIS A.  MORGAN                   |   |
|----------|-----------------------------------------|--------|
| * * | *President and Chief Executive Officer* |   |

 

A signed original of this written statement requiredby Section 906 has been provided to Mirant Americas Generation, LLC andwill be retained by Mirant Americas Generation, LLC and furnished to theSecurities and Exchange Commission or its staff upon request.

63

----
I 

115TH CONGRESS 

2D SESSION H. R. 4860 

To relocate the headquarters of the Appalachian Regional Commission, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2018 

Mr. GRIFFITH introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To relocate the headquarters of the Appalachian Regional 

Commission, and for other purposes. 

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 ‘‘Appalachian Regional 

5 Commission Relocation Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Regional commissions, such as the Delta 

9 Regional Authority, the Denali Commission, and the 


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•HR 4860 IH

1 Northern Border Regional Commission, are each 

2 headquartered in their respective region. 

3 (2) Headquartering regional commissions with4 in the region affected is a sensible approach to en5 sure that the commissions are housed in more af6 fordable locations than the District of Columbia, 

7 thereby reducing administrative overhead and mak8 ing the commissions closer and more accountable to 

9 the people the commissions were designed to serve. 

10 SEC. 3. HEADQUARTERS OF THE APPALACHIAN REGIONAL 

11 COMMISSION. 

12 (a) IN GENERAL.—Section 14301 of title 40, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(g) HEADQUARTERS.—The headquarters of the 

16 Commission shall be located in the Appalachian region.’’. 

17 (b) IMPLEMENTATION.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of this Act, the Federal Co20 chairman of the Commission shall take such actions 

21 as may be necessary to carry out the amendment 

22 made in subsection (a). 

23 (2) EXTENSION.—The Federal Cochairman of 

24 the Commission may extend, by up to 180 days, the 

25 period for implementation specified in paragraph (1) 


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•HR 4860 IH

1 if the Federal Cochairman submits to the Committee 

2 on Transportation and Infrastructure of the House 

3 of Representatives and the Committee on Environ4 ment and Public Works of the Senate written notice 

5 of the need for the extension. 

Æ 


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