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

111TH CONGRESS 

1ST SESSION H. R. 4278 

To amend the Internal Revenue Code of 1986 to provide a reduced rate 

of excise tax on beer produced domestically by certain small producers. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2009 

Mr. NEAL of Massachusetts (for himself, Mr. BRADY of Texas, Mr. 

BLUMENAUER, Mr. HERGER, Mr. DEFAZIO, Mr. REHBERG, Mr. LYNCH, 

and Mr. DENT) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

a reduced rate of excise tax on beer produced domestically by certain small producers. 

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

3 SECTION 1. REDUCED RATE OF EXCISE TAX ON BEER PRO4 DUCED DOMESTICALLY BY CERTAIN SMALL 

5 PRODUCERS. 

6 (a) IN GENERAL.—Paragraph (2) of section 5051(a) 

7 of the Internal Revenue Code of 1986 is amended— 

8 (1) by redesignating subparagraphs (B) and 

9 (C) as subparagraphs (C) and (D), respectively, and 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 4278 IH

1 (2) by striking subparagraph (A) and inserting 

2 the following new subparagraphs: 

3 ‘‘(A) IN GENERAL.—In the case of a brew4 er who produces not more than 6,000,000 bar5 rels of beer during the calendar year, the per 

6 barrel rate of tax imposed by this section shall 

7 be— 

8 ‘‘(i) $3.50 on the first 60,000 quali9 fied barrels of production, and 

10 ‘‘(ii) $16 on the first 1,940,000 quali11 fied barrels of production to which clause 

12 (i) does not apply. 

13 ‘‘(B) QUALIFIED BARRELS OF PRODUC14 TION.—For purposes of this paragraph, the 

15 term ‘qualified barrels of production’ means, 

16 with respect to any brewer for any calendar 

17 year, the number of barrels of beer which are 

18 removed in such year for consumption or sale 

19 and which have been brewed or produced by 

20 such brewer at qualified breweries in the United 

21 States.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) Subparagraph (C) of section 5051(a)(2) of 

24 such Code, as redesignated by this section, is 

25 amended— 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 4278 IH

1 (A) by striking ‘‘2,000,000 barrel quan2 tity’’ and inserting ‘‘6,000,000 barrel quantity’’, 

3 and 

4 (B) by striking ‘‘60,000 barrel quantity’’ 

5 and inserting ‘‘60,000 and 1,940,000 barrel 

6 quantities’’. 

7 (2) Subparagraph (D) of such section, as so re8 designated, is amended by striking ‘‘2,000,000 bar9 rels’’ and inserting ‘‘6,000,000 barrels’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to beer removed during calendar 

12 years beginning after the date of the enactment of this 

13 Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
EXHIBIT 3.2

                            CERTIFICATE OF CORRECTION
                                     OF THE
                      RESTATED CERTIFICATE OF INCORPORATION
                                       OF
                       PALOMAR MEDICAL TECHNOLOGIES, INC.


        PALOMAR MEDICAL TECHNOLOGIES, INC., a corporation organized and existing
under and by virtue of the General Corporation Law of the State of Delaware (the
"Company") does hereby certify pursuant to Section 103(f) thereof that:

                FIRST:  The  Company,  then  known  as  Dynamed,  Inc.,  filed a
        Certificate of  Incorporation  with the Office of the Secretary of State
        of the State of Delaware (the  "Secretary of State") on August 16, 1991,
        and  thereafter,  under its current  name,  the Company filed a Restated
        Certificate of  Incorporation  with the Secretary of State on August 14,
        1996.

                SECOND:  The Restated  Certificate of Incorporation set forth an
        inaccurate record of the corporate action referred to therein.

                THIRD: The Restated  Certificate of  Incorporation  inaccurately
        reflected  the text of  Article  FOURTH  thereof  in that  the  relevant
        portion of Article FOURTH inaccurately states as follows:

                Additional  designations and powers,  the rights and preferences
                and the qualifications, limitations or restrictions with respect
                to each class of stock of the corporation shall be as determined
                by the Board of Directors from time to time.

                FOURTH:  The  correct  text of  Article  FOURTH of the  Restated
        Certificate of Incorporation intended to be effected by this Certificate
        of Correction is as follows:

                Additional  designations and powers,  the rights and preferences
                and the qualifications,  limitation or restrictions with respect
                to each series of such class of stock of the  Corporation  shall
                be as determined by the Board of Directors from time to time.

        IN WITNESS WHEREOF, said Palomar Medical  Technologies,  Inc. has caused
this Certificate of Correction to be signed by its duly authorized officers this
day of September, 1997.

                                              PALOMAR MEDICAL TECHNOLOGIES, INC.




                                              By:     /s/ Louis P. Valente
                                                  ------------------------------
                                                  Name:  Louis P. Valente
                                                  Title: Chief Executive Officer
                                                         and President
THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

UNITED STATES OF

AMERICA,

Plaintiff, Case No. 3:18-cr-53

V. •

Judge Walter H. Rice

THURSTON LEWIS

GOODJOHN, Magistrate Judge Michael R. Merz

Defendant.

ORDER OVERRULING MOTION FOR COMPASSIONATE RELEASE OF

DEFENDANT THURSTON LEWIS GOODJOHN (DOC. #35) AS MOOT

GIVEN DEFENDANT IS NO LONGER INCARCERATED

Before the Court is the Motion for Compassionate Release of Defendant

Thurston Lewis Goodjohn. (Doc. #35). On October 17, 2018, Defendant was

sentenced to fifty-two months imprisonment after pleading guilty to one count

from the Indictment. (Judgment, Doc. #19, citing Indictment, Doc. #3). On

November 24, 2020, Defendant filed the Motion under 18 U.S.C. § 3582(c)(1)(A),

as amended by the Formerly Incarcerated Reenter Society Transformed Safely

Transitioning Every Person Act ("First Step") Act of 2018, Pub. L. 115-391, 132

Stat. 5194. While the Motion was pending. Defendant was released on October

22, 2021 A case becomes moot if "the issues presented are no longer 'live' or

the parties lack a legally cognizable interest in the outcome." Murphy v. Hunt, 455

U.S. 478, 481 (1984) (citation omitted). A motion for compassionate release

^ https://www.bop.g0v/mobile/findJnmate/index.jsp#inmate_results (last accessed Jun. 28, 2024).

Case: 3:18-cr-00053-WHR-MRM Doc #: 40 Filed: 06/28/24 Page: 1 of 2 PAGEID #: 136
seeks relief not from the judgment in toto, but from the confinement imposed as

part of the judgment. "When a prisoner is released from custody, the motion for

compassionate release becomes moot because there is no further relief this Court

can provide[,]" United States v. Sanchez, No. 16-cr-2077, 2021 WL 5999764, *1

(S.D. Gal. Dec. 17, 2021) (collecting cases), and there is no longer a "live" and

redressable issue pending before the Court. See, e.g., United States v. Hernandez,

845 F. App'x 921, 921 (11th Cir. 2021) {per curiam) ("Completion of a prison

term moots a challenge to the term of confinement.").

As Defendant has completed his term of confinement, his Motion no longer

presents a live case or controversy, and the Court is without jurisdiction to hear it.

U.S. Const, art. Ill § 2. Accordingly, the Motion is OVERRULED AS MOOT.^

The captioned case remains terminated upon the docket records of the

United States District Court for the Southern District of Ohio, Western Division, at

Dayton.

IT IS SO ORDERED.

V/CA.

WALTER H. RICE, JUDGE

June 28, 2024 UNITED STATES DISTRICT COURT

^ Also, the Court, having considered the factors for granting compassionate release set forth in

United States v. Tomes, 990 F.3d 500, 502 (6th Cir. 2021), concludes that Defendant would not

have been eligible for release while he was incarcerated, as Defendant did not have a heightened

risk of suffering severe complications from COVID-19; rather, he was merely at increased risk of

developing diabetes, which in turn would have put him at increased risk. (Motion, Doc. #35,

PAGEID 102-03).

Case: 3:18-cr-00053-WHR-MRM Doc #: 40 Filed: 06/28/24 Page: 2 of 2 PAGEID #: 137
#### Si ZENTNER, Plaintiff-Appellant, v. AMERICAN FEDERATION OF MUSICIANS OF the UNITED STATES AND CANADA and Associated Musicians of Greater New York, Local 802, affiliated with American Federation of Musicians of the United States and Canada, Defendants-Appellees.

No. 424, Docket 29539.

United States Court of Appeals Second Circuit.

Argued April 6, 1965.

Decided April 6, 1965.

Godfrey P. Schmidt, New York City, for plaintiff-appellant.

McGoldrick, Dannett, Horowitz & Go-lub, New York City (Emanuel Dannett, New York City, of counsel), for defendants-appellees.

Before WATERMAN, FRIENDLY and ANDERSON, Circuit Judges.

PER CURIAM.

When the case was before Judge Wein-feld plaintiff challenged the Federation’s “work dues equivalents” as violating § 302 of the Labor Management Relations Act of 1947, as amended in 1959, 29 U.S.C. § 186, and § 101(a) (3), of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 411(a) (3). In this court the latter ground of attack was not pressed. The challenge under § 302 is baseless, for reasons well expressed in the opinion of Judge Wein-*759feld, reported at 237 F.Supp. 457, denying the application for preliminary in-junctive relief.

We affirm the order below, and since it is obvious that there is no merit in plaintiff’s claims, we direct that the court below dismiss the complaint.
##### 



STRICTLY CONFIDENTIAL
 NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION PURSUANT  TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT
 AMENDED AND RESTATED NONCOMPETITION,
SEVERANCE AND EMPLOYMENT AGREEMENT
Between
CAROLINA FIRST BANK and HERBERT LYNN HARTON
  RECITALS
      AGREEMENT
  Employment
 Definitions




---



##### 



(A)
    
    any employee plan established by TSFG;(B)
    
    TSFG or any of its affiliates (as defined in Rule 12b-2
promulgated under the Exchange Act);(C)
    
    an underwriter temporarily holding securities pursuant to an
offering of such securities;(D)
    
    a corporation owned, directly or indirectly, by stockholders of
TSFG in substantially the same proportions as their ownership of TSFG; or
 2




---



##### 



(E)
    
    except as provided in clause (iii) below, merger or
consolidation of TSFG with any other corporation which is duly approved by the
stockholders of TSFG; or
           3




---



##### 



provided however
 4




---



##### 



provided, however
  Duties
 Term
       5




---



##### 



Compensation provided
 Annual Salary
 Annual Incentive Bonus
 Long Term Incentive Compensation Plan
 Supplemental Executive Benefit Plan
 Equity Compensation Awards
 Miscellaneous Benefits
 Excess Parachute Payments
  6




---



##### 



1.
    
    give the Company any information reasonably requested by the Company
relating to such claim,2.
    
    take such action in connection with contesting such claim as the
Company shall reasonably request in writing from time to time, including, without
limitation, accepting legal representation with respect to such claim by an
attorney reasonably selected by the Company,3.
    
    cooperate with the Company in good faith in order effectively to
contest such claim; and4.
    
    permit the Company to participate in any proceedings relating to such
claim;
 provided however
 7




---



##### 



provided however provided further
        8




---



##### 



Confidentiality
       Assignment
  9




---



##### 



Notices
 To the Company:
    
    Carolina First Bank, c/o TSFG
104 South Main Street
Greenville, South Carolina 29601
Attn: Mary A. JeffreyTo Executive:
    
    At the most recent address for Executive on file at the Company.
  Provisions Severable/Savings Clause
 Remedies
   10




---



##### 



No Mitigation
 Waiver
 Amendments and Modifications
 Governing Law
 Withholding
 Compliance With Section 409A
 Enforceability of Confidentiality, Noncompetition and Nonsolicitation Provisions
  11




---



##### 



th provided
 12




---



##### 



IN WITNESS WHEREOF
 EXECUTIVE/s/ Lynn HartonCAROLINA FIRST BANKBy:
    /s/ Mary A. Jeffrey 13
**Exhibit
      32.1**






**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Quarterly Report on Form 10-Q of Data Systems & Software
      Inc. (the “Company”) for the quarterly period ended June 30, 2005 as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      George Morgenstern, Chief Executive Officer of the Company, hereby certify,
      pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.






**/s/** George
      Morgenstern


George
      Morgenstern


Chief
      Executive Officer


August
      15, 2005
EX-10.9



 Exhibit 10.9 

THIRD AMENDMENT TO AGREEMENT OF SALE AND PURCHASE 

THIS THIRD AMENDMENT TO AGREEMENT OF SALE AND PURCHASE (this “Third Amendment”) is made as of the 17th day of July,
2015, by and between HB Von Karman, LLC, a Delaware limited liability company (“Seller”), and KBS Capital Advisors LLC, a Delaware limited liability company (“Buyer”). In consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows: 
 RECITALS 

A.          Seller and Buyer are parties to that certain Agreement of Sale and Purchase
dated as of June 4, 2015, as reinstated and amended by that certain Reinstatement and First Amendment to Agreement of Sale and Purchase, dated as of July 8, 2015, and as amended by that certain Second Amendment to Agreement of Sale and
Purchase, dated as of July 14, 2015 (as reinstated and amended, the “Purchase Agreement”). All initially-capitalized terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreement unless the
context clearly indicates otherwise. 
 B.          Seller and Buyer have agreed to modify
the terms of the Purchase Agreement as set forth in this Third Amendment. 
 NOW, THEREFORE, for valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and intended to be legally bound, Seller and Buyer agree as follows: 

1.          Recitals.  The Recitals set forth above are hereby
incorporated herein by reference as if the same were fully set forth herein. 

2.          Additional Due Diligence Date.  The Additional Due
Diligence Date shall be, and hereby is, extended from July 17, 2015, 5:00 p.m. Pacific Time to July 20, 2015, 5:00 p.m. Pacific Time. 

3.          Effectiveness of Agreement.  Except as modified by this
Third Amendment, all the terms of the Purchase Agreement shall remain unchanged and in full force and effect. 

4.          Counterparts.  This Third Amendment may be executed in
counterparts, and all counterparts together shall be construed as one document. 

5.          Telecopied/Emailed Signatures.  A counterpart of this
Third Amendment that is signed by one party to this Third Amendment and telecopied/emailed to the other party to this Third Amendment or its counsel (i) shall have the same effect as an original signed counterpart of this Third Amendment, and
(ii) shall be conclusive proof, admissible in judicial proceedings, of such party’s execution of this Third Amendment. 

6.          Successors and Assigns.  All of the terms and
conditions of this Third Amendment shall apply to benefit and bind the successors and assigns of the respective parties. 







 IN WITNESS WHEREOF, Seller and Buyer have entered into this Third Amendment as of the date first
above stated. 
 [SIGNATURES ON NEXT PAGE] 








			
	“SELLER”
	
	HB VON KARMAN, LLC,
	a Delaware limited liability company
	
	By: /s/ Brian Carr
	Name:  Brian Carr
	Title: Authorized Signatory









			
	“BUYER”
	
	 KBS CAPITAL ADVISORS LLC,
 a
Delaware limited liability company

		
	By:	 	/s/ Charles J. Schreiber, Jr.
		 	Charles J. Schreiber, Jr.,
		 	Chief Executive Officer
Exhibit
32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

Pursuant to 18 USC. § 1350, As Adopted
Pursuant to

§ 906 of the Sarbanes-Oxley Act
of 2002



In connection with the filing with the
Securities and Exchange Commission of the Annual Report on Form 10-K/A of Lakeland Industries, Inc. (the “Company”)
for the fiscal year ended January 31, 2016 (the “Report”), I, Christopher J. Ryan, Chief Executive Officer, President
and Secretary of the Company, certify, pursuant to 18 USC. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13 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 results of operations of the Company.





By: /s/ Christopher J. Ryan

Christopher J. Ryan

Chief Executive Officer, President and Secretary



February 17, 2017
EXHIBIT 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER

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

I, Bruce  Caldwell,  certify to the best of my knowledge,  pursuant to 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that the Quarterly Report of ESSXsport Corp. a Nevada corporation, on Form
10-QSB for the quarterly  period ended February 28, 2003 fully complies with the
requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of 1934
and that  information  contained in such Quarterly Report fairly presents in all
material respects the financial condition and results of operations of ESSXsport
Corp.

The  undersigned  further  certifies that all previous  filings are accurate and
fairly represent the company's financial picture and fully comply.

By: /s/ Bruce Caldwell
    ---------------------------------
Name:  Bruce Caldwell
Title: President, CEO, and CFO
**EXHIBIT
      32.1**


**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Quarterly Report of U.S. Energy Initiatives Corporation
      (the
      "Company") on Form 10-QSB for the quarter ended June 30, 2007 as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Philip
      Rappa, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
      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 and 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.




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      U.S. Energy Initiatives Corporation and will be retained by U.S. Energy
      Initiatives Corporation and furnished to the Securities and Exchange Commission
      or its staff upon request.


August
                  14, 2007
            By:
            /s/ Philip
              RappaPhilip
              RappaChief
              Executive
              Officer
LOGO



INCORPORATED UNDER
THE LAWS OF THE STATE OF DELAWARE

NUMBER

SHARES

CUSIP NO. 42210P 10 2

INCORPORATED

AUTHORIZED COMMON STOCK: 100,000,000 SHARES PAR VALUE; $.001 PER SHARE

THIS CERTIFIES THAT

IS THE RECORD HOLDER OF

Shares of HEADWATERS INCORPORATED common stock

transferable on the books of the Corporation in person or by
duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid until countersigned by the Transfer Agent and registered by the Registrar.

Witness the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers.

Dated:

CHIEF
FINANCIAL OFFICER

CHIEF EXECUTIVE OFFICER

HEADWATERS INCORPORATED

CORPORATE

SEAL

DELAWARE

NOT VALID UNLESS COUNTERSIGNED BY TRANSFER AGENT

Countersigned & Registered:

American Stock Transfer & Trust Company

New York, NY

By

Authorized Signature



---

LOGO



NOTICE: Signature
must be guaranteed by a firm which is a member of a registered national stock exchange, or by a bank (other than a saving bank), or a trust company. The following abbreviations, when used in the inscription on the face of this certificate, shall be
construed as though they were written out in full according to applicable laws or regulations.

TEN COM  as tenants in
common

UNIF GIFT MIN ACT  Custodian

TEN ENT as tenants by the entireties (Cust) (Minor)

JT TEN  as
joint tenants with right of survivorship and not as tenants in common under Uniform Gifts to Minors Act (State)

Additional
abbreviations may also be used though not in the above list.

For Value Received, hereby sell, assign and transfer unto

PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE

(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OR ASSIGNEE)

Shares

of
the capital stock represented by the within certificate, and do hereby irrevocably constitute and appoint

Attorney to
transfer the said stock on the books of the within named Corporation with full power of substitution in the premises.

Dated

Signature

NOTICE: The signature in this assignment must correspond with the name as written upon the face of the Certificate, in every particular, without alteration or enlargement, or any change whatever.

Signature Guaranteed By:

(Please have signature guaranteed by a National Bank through its officer or by a member firm of a major stock exchange)

CURRENT TRANSFER FEE APPLICABLE

KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT IS LOST, STOLEN, MUTILATED OR
DESTROYED, THE CORPORATION WILL REQUIRE A BOND OF INDEMNITY AS A CONDITION TO THE ISSUANCE OF A REPLACEMENT CERTIFICATE.
Case 1:00-cr-00093-SAS Document 61 Filed 04/13/2007 Page 1 of 2Case 1:00-cr-00093-SAS Document 61 Filed 04/13/2007 Page 2 of 2