alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### SERVED: May 27, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF MULTI- AERO, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil PenaltyAction) FDMS No. FAA-2013- 0718

ORDER OF DISMISSAL 

### ZO!I! hAY 28 

## p J: 

## 2'1

The Federal Aviation Administration (hereinafter referred to as "Complainant") filed an Amended Complaint dated January 15, 2014. Multi-Aero, Inc. (hereinafter referred to as "Respondent") filed a Request for Hearing dated October2, 2013. Respondentfiled a Motion to Terminate Proceedings dated May 23, 2014, citing settlement. · 14 C.F.R. § 13.215 states: "Atany time before or during a hearing, an agency attorney may withdraw a complaint orparty may withdraw a request for a hearing withoutthe consent ofthe administrative lawjudge. Ifan agency attorney withdraws the complaint or aparty withdraws the request for a hearing and the answer, the administrative lawjudge shall dismiss the proceedings underthis subpartwithprejudice." WHEREFORE, the withinfiled Motionto Terminate Prqceedings having been read and considered, it is ORDERED as follows: 1. Respondent's Motion to Terminate Proceedings be and is hereby granted; and
. 2. Thisproceedingbe and is hereby dismissed with prejudice.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service ListSERVICELIST ·oRIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2WI000 1

Shane Storz, Director ofOperations Multi-Aero,Inc., Respondent 12300 Old Tesson Road, Suite 200F St. Louis, MO 63128 Jared M. Allen, Respondent's Counsel The Aviation Law Firm One Research Court, Suite 450 Rockville, MD 20850 TEL: 301-294-8550 FAX: 301-294-2525 David B. Kessler, Complainant's CounselONE COPY FDMS No. FAA-2013-0718 (Civil Penalty Action)

Directorate Counsel, Office ofRegional Counsel, Central Region, ACE-7 Federal Aviation Administration 901 Locust Street, DOT Building, Room 506 Kansas City, MO 64106-2641 TEL: 816-329-3763 FAX: 816-329-3771 The Honorable Richard C. Goodwin,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

I Service was by

### u.s. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 2
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 131 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 131

  To reaffirm the trust status of land taken into trust by the United 
  States pursuant to the Act of June 18, 1934, for the benefit of an 
 Indian tribe that was federally recognized on the date that the land 
             was taken into trust, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2017

   Mr. Cole introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To reaffirm the trust status of land taken into trust by the United 
  States pursuant to the Act of June 18, 1934, for the benefit of an 
 Indian tribe that was federally recognized on the date that the land 
             was taken into trust, 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. REAFFIRMATION OF STATUS AND ACTIONS.

    (a) Reaffirmation of Trust Status.--Land taken into trust by the 
United States pursuant to the Act of June 18, 1934 (25 U.S.C. 465), 
before the date of enactment of this Act for the benefit of an Indian 
tribe that was federally recognized on the date that the land was taken 
into trust is reaffirmed as trust land.
    (b) Ratification of Actions of the Secretary.--Any action taken by 
the Secretary of the Interior for the purpose of acquiring and taking 
land into trust under the Act of June 18, 1934 (25 U.S.C. 465), is 
hereby ratified and confirmed as fully and for all intents and purposes 
as if that action had been taken under a Federal law specifically 
authorizing or directing that action.
    (c) Application.--This Act shall apply to all claims (including 
claims challenging the validity of title or the effectiveness of any 
action of the Secretary acquiring and taking land into trust) pending 
on the date of the enactment of this Act or filed on or after the date 
of the enactment of this Act.
    (d) Indian Country.--Any land taken into trust that has been 
ratified and confirmed pursuant to this Act shall remain Indian country 
pursuant to section 1151 of title 18, United States Code.
    (e) Additional Land.--Nothing in this Act shall alter or diminish 
the right of any federally recognized Indian tribe or the authority of 
the Secretary with respect to land taken into trust after the date of 
the enactment of this Act for the benefit of a federally recognized 
Indian tribe.
                                 <all>
```
##### 



Exhibit 32.1 CERTIFICATION OF THE CEO AND ACTING CFO OF ATARI, INC.
PURSUANT TO 18 U.S.C. 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of Atari, Inc. (the Company) on Form
10-Q for the period ending June 30, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Bruno Bonnell,
Chairman of the Board, Chief Executive Officer, and Acting Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 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/ Bruno BonnellName:
    
    Bruno BonnellTitle:
    
    Chairman of the Board, Chief Executive Officer, and
Acting Chief Financial Officer
 Date: August 9, 2004
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                <div class="image-title">Arctic Gold 23-2 refines 354th FW ACE operations</div>
                <div class="image-caption">A U.S. Air Force F-35A Lightning II assigned to the 354th Fighter Wing, Eielson Air Force Base, takes off during Arctic Gold 23-2 at Joint Base Elmendorf-Richardson, Alaska, April 18, 2023. AG 23-2 tested the 354th Fighter Wing’s ability to sustain F-35 operations from multiple, simulated, deployed locations. (U.S. Air Force photo by Airman 1st Class Julia Lebens)</div>
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    <span class="dateline-text"></span>
    <p>EIELSON AIR FORCE BASE, Alaska (AFNS) --<br />
The 354th Fighter Wing conducted Arctic Gold 23-2, an exercise designed to practice the wing’s ability to sustain F-35 Lightning II operations from multiple, simulated, deployed locations, April 17-23.<br />
<br />
“The goal of this exercise was to showcase the wing’s ability to employ and sustain F-35 operations across multiple locations using the Agile Combat Employment concept,” said Todd Parks, 354th Fighter Wing exercise program director. “This exercise allowed us to train power projection from our strategic arctic location to effectively deploy combat-ready fifth-generation airpower.”</p>
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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-50637

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

NICHOLAS SCOTT HUTCHENS,

Defendant-Appellant

Appeals from the United States District Court

for the Western District of Texas

USDC No. 5:11-CR-841-1

Before KING, DeMOSS, and GRAVES, Circuit Judges.

PER CURIAM:*

Nicholas Scott Hutchens appeals the sentence imposed following his guilty

plea conviction of failure to register under the Sex Offender Registration and

Notification Act. He argues that the 25-year, within-guidelines term of

supervised release imposed by the district court is unreasonable because the

sentence overstates the seriousness of the instant offense and fails to take into

United States Court of Appeals

Fifth Circuit

F I L E D

November 25, 2013

Lyle W. Cayce

Clerk

* 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.

 Case: 12-50637 Document: 00512452903 Page: 1 Date Filed: 11/25/2013
No. 12-50637

account the nature and age of his original sex offenses, his personal

characteristics, and his reasons for failing to register.1

A presumption of reasonableness applies to a within-guidelines term of

supervised release. United States v. Cancino-Trinidad, 710 F.3d 601, 607 (5th

Cir. 2013). “The presumption is rebutted only upon a showing that the sentence

does not account for a factor that should receive significant weight, it gives

significant weight to an irrelevant or improper factor, or it represents a clear

error of judgment in balancing sentencing factors.” United States v. Cooks, 589

F.3d 173, 186 (5th Cir. 2009). 

Hutchens’s general disagreement with the propriety of the sentence and

the district court’s weighing of the 18 U.S.C. § 3553(a) factors is insufficient to

rebut the presumption of reasonableness that attaches to his within-guidelines

sentence. See United States v. Camero-Renobato, 670 F.3d 633, 636 (5th Cir.

2012). Accordingly, the judgment is AFFIRMED.

1 Hutchens also argues that the written judgment does not conform to the oral

pronouncement of the sentence. However, this issue is now moot as the district court has

conformed the written judgment to the oral pronouncement ofthe sentence following a limited

remand for that purpose.

2

 Case: 12-50637 Document: 00512452903 Page: 2 Date Filed: 11/25/2013
#### In re Joseph S. BEREZ, Bankrupt. David A. GILL as Trustee of Joseph S. Berez, bankrupt, Plaintiff-Appellant, v. The DROVERS NATIONAL BANK OF CHICAGO and Abe Schuckman, Defendants-Appellees.

No. CA 79-3289.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 3, 1981.

Decided May 29, 1981.

Joel Mithers, Los Angeles, Cal., for plaintiff-appellant.

Steven A. Lande, Lipofsky, Lande & Leipziger, Los Angeles, Cal., for defendants-appellees.

Before GOODWIN and SCHROEDER, Circuit Judges, and EAST,* District Judge.

*

 Honorable William G. East, Senior United States District Judge for the District of Oregon, sitting by designation.

PER CURIAM:

Trustee in bankruptcy appealed from the District Court’s decision which reversed the Bankruptcy Court and held that: (1) The sale and lease back transaction entered into between the Bankrupt and Medical Leasing Corporation was in fact a secured loan; (2) As a secured loan, the transaction was exempt from California’s fraudulent conveyance statute, Calif.Civil Code § 3440; and (3) The Trustee was, therefore, not entitled to recover the proceeds of the sale of the transferred property. There were no disputed factual issues at trial. Application of California law controls the outcome of this case, under 11 U.S.C. § 110(e)(1) (1976).

A sale of personal property with a concurrent lease back is exempt from § 3440 if certain notices are given. A transfer of a security interest is also exempt, without a filing requirement. The parties failed to give the notices that would have exempted the sale and lease back transaction as such from § 3440, but this is irrelevant to a finding that the real nature of the transfer was a security arrangement.

The true nature of a transaction is determined by the evidence and not by *421what the parties represent themselves to be doing. *Rochester Capital Leasing v. K & L Litho Corp.,*13 Cal.App.3d 697, 91 Cal.Rptr. 827 (1970). Here, the property sold and leased back by the Bankrupt never left his possession. No other purpose for the transaction is evident other than for him to borrow money from the buyer-lessor using his property as collateral. The absence of a purchase option in a lease does not preclude a finding that the lease was actually a disguised secured loan. *Rochester Leasing.*

The District Court was correct in its conclusion of law that the disputed transaction was a secured loan.

AFFIRMED.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 1 625

_____________________________
M AURICE N ESBITT , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. Angela C. Dempsey , Judge

. October 11, 2019

P ER C URIAM

.
A FFIRMED

. B.L. T HOMAS , R OWE , and K ELSEY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Candice K. Brower, Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Gainesville; Melissa J. Ford, Assistant Confli ct Counsel, Office of Criminal Conflict and Civil Regional Counsel, Tallahassee
, for Appellant.

Ashley Moody, Attorney General, and Sharon Traxler
, Assistant Attorney General, Tallahassee, for Appellee.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED JUNE 30, 1999 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S.DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          29,538
<SECURITIES>                                    33,581
<RECEIVABLES>                                   19,635
<ALLOWANCES>                                     (747)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                88,310
<PP&E>                                          28,992
<DEPRECIATION>                                (16,403)
<TOTAL-ASSETS>                                 115,748
<CURRENT-LIABILITIES>                           42,496
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      71,914
<TOTAL-LIABILITY-AND-EQUITY>                   115,748
<SALES>                                          4,439
<TOTAL-REVENUES>                                46,560
<CGS>                                            3,973
<TOTAL-COSTS>                                   17,014
<OTHER-EXPENSES>                                33,478
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,842
<INCOME-PRETAX>                                (2,090)
<INCOME-TAX>                                      (68)
<INCOME-CONTINUING>                            (2,158)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,158)
<EPS-BASIC>                                      (.11)
<EPS-DILUTED>                                    (.11)


</TABLE>
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1371 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1371

 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to disclose to non-Department of Veterans Affairs 
 health care providers certain medical records of veterans who receive 
                    health care from such providers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2017

 Mr. O'Rourke introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to disclose to non-Department of Veterans Affairs 
 health care providers certain medical records of veterans who receive 
                    health care from such providers.

    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 ``Vet Connect Act of 2017''.

SEC. 2. AUTHORITY TO DISCLOSE CERTAIN MEDICAL RECORDS OF VETERANS WHO 
              RECEIVE NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.

    Section 7332(b)(2) of title 38, United States Code, is amended by 
adding at the end the following new subparagraph:
            ``(H)(i) To a non-Department entity (including private 
        entities and other departments or agencies of the Federal 
        Government) that provides hospital care or medical treatment to 
        veterans.
            ``(ii) An entity to which a record is disclosed under this 
        subparagraph may not redisclose or use such record for a 
        purpose other than that for which the disclosure was made.''.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited June 30, 1999 financial statements of Medcare Technologies Inc. and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            JUN-30-1999
<CASH>                                    4,788,076
<SECURITIES>                                      0
<RECEIVABLES>                               483,013
<ALLOWANCES>                                 40,144
<INVENTORY>                                       0
<CURRENT-ASSETS>                          5,230,945
<PP&E>                                      350,643
<DEPRECIATION>                               42,237
<TOTAL-ASSETS>                            5,582,486
<CURRENT-LIABILITIES>                       445,188
<BONDS>                                           0
<PREFERRED-MANDATORY>                     4,632,515
<PREFERRED>                                      12
<COMMON>                                      7,831
<OTHER-SE>                                  496,940
<TOTAL-LIABILITY-AND-EQUITY>              5,582,486
<SALES>                                     947,152
<TOTAL-REVENUES>                            947,152
<CGS>                                             0
<TOTAL-COSTS>                             2,679,674
<OTHER-EXPENSES>                            748,636
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                          (55,796)
<INCOME-PRETAX>                          (2,425,362)
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                      (2,425,362)
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                             (2,425,362)
<EPS-BASIC>                                    (.31)
<EPS-DILUTED>                                  (.31)


</TABLE>
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**Exhibit 23.1**

 

Consent ofErnst and Young LLP, Independent Auditors

 

“Weconsent to the incorporation by reference in the Registration Statement on FormS-8 of Commerce One, Inc. (File No. 333-64932) of our report dated January 18,2002, with respect to the consolidated financial statements and financialstatement schedule of Commerce One, Inc. included in this Annual Report on Form10-K for the year ended December 31, 2001, filed with the Securities andExchange Commission.”

 

 

/s/ Ernst & Young LLP

April 1,2002

 

----
No. 91-6022.

#### Connelly *v.*Kovachevich.

C. A. 11th Cir. Certiorari denied.