alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JORGE ALEJANDRO WERNICKCHOZET,

 Defendant - Appellant.

No. 13-50109

D.C. No. 3:11-cr-05735-H-1

ORDER*

Appeal from the United States District Court

for the Southern District of California

Marilyn L. Huff, District Judge, Presiding

Argued and Submitted May 13, 2014

Pasadena, California

Before: PREGERSON, REINHARDT, and NGUYEN, Circuit Judges.

The joint motion for summary reversal is GRANTED. The mediation

conference scheduled for August 27, 2014, is VACATED. Wernick-Chozet’s

conviction is REVERSED, his sentence is VACATED, and this case is

REMANDED to the district court.

FILED

AUG 14 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.
We commend the parties for their prompt and professional response to the

court’s mediation order. Each side shall bear its own costs on appeal. A copy of

this order shall constitute the mandate of this court.

2
#### Joseph F. Cioffi, Jr., Appellant, v Town of Guilderland, Respondent.

— Harvey, J.

On this appeal, plaintiff seeks to challenge Special Term’s dismissal of his complaint for failure to comply with the requirements for personal service upon a town as prescribed in CPLR 311 (5). Following the dismissal for lack of personal jurisdiction, plaintiff properly commenced the action by service of a summons and complaint in compliance with the statutorily required procedures. Parenthetically, the properly commenced action has since been dismissed on the grounds that plaintiff lacked standing to sue and that his complaint failed to state a cause of action. In any event, plaintiff’s subsequent commencement of the action by proper service rendered this appeal moot *(see, Matter of Hearst Corp. v Clyne,*50 NY2d 707; *100 Hudson Tenants Corp. v Laber,*98 AD2d 692).

*320Appeal dismissed, as moot, without costs. Main, J. P., Casey, Weiss, Levine and Harvey, JJ., concur.
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EXHIBIT 23.2


                 CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


We hereby consent to the incorporation of our report dated February 26, 2002,
except for Note 14 as to which the date is March 7, 2002, appearing in the
Annual Report on Form 10-KSB of Infinity, Inc. for the nine month transition
period ended December 31, 2001 in the following Registration Statements:

Form      SEC File Number   Description               Date of Filing
----      ---------------   -----------               --------------

S-8       33-90878          Stock option plan         March 31, 1995
S-8       333-31950         1999 Stock option plan    March 8, 2000
S-8       333-44898         2000 Stock option plan    August 31, 2000
S-8       333-71590         2001 Stock option plan    October 15, 2001
S-3       333-52742         Selling shareholders      December 26, 2000
S-3       333-69292         8% Convertible notes      December 10, 2001





/s/ Ehrhardt Keefe Steiner & Hottman PC

Ehrhardt Keefe Steiner & Hottman PC

Denver, Colorado
March 29, 2002
* The Honorable Curtis L. Collier, district judge for the United States District Court for the Eastern District of Tennessee, sitting by designation. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 05a0130n.06 Filed: February 16, 2005 Case No. 03-6514 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FEDEX CORPORATION; FEDERAL EXPRESS CORPORATION, and Subsidiaries, Plaintiffs-Appellees,

v. UNITED STATES OF AMERICA, Defendant-Appellant.

_______________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE

BEFORE: NELSON and BATCHELDER, Circuit Judges; COLLIER * , District Judge. ALICE M. BATCHELDER, Circuit Judge. The United States appeals the district court’s order granting judgment in favor of Plaintiffs-A ppellees FedEx Corp. and subsidiaries (“FedEx”) for overpayment of taxes in the amount of $66,474,287.10 plus interest thereon. FedEx, a common carrier, paid $70,000,000 in taxes and accrued interest pursuant to an Internal Revenue Service determination that it was required to capitalize, rather than currently deduct, expenses attributable to off-wing maintenance of its jet aircraft engi nes and auxiliary power units incurred during tax years 1993 and 1994. To perform this maintenance, technicians would remove the engine from the aircraft, clean it, and make minorrepairs. Finding that the maintenance performed on the engines and auxiliary power units constituted incidental re pairs that did not appreciably prolong the life of2 the aircraft, the district court held that FedE x was entitled to deduct such maintenance costs that were incurred during tax years 1993 through 1994 a nd entered a judgment compensating FedEx for its overpayment of taxes. After carefully reviewing the record, the appli cable law, the parties’ briefs and counsels’ arguments, we are convinced that the district court did not err. We cannot improve upon the district court’s opinion, which carefully and correctly sets out the law governing the issues raised, and clearly articulates the reasons underlying its decisi on. Issuance of a full written opinion by this court would therefore serve no useful purpose. Accordingl y, for the reasons stated in the district court’s opinion, we AFFIRM

.
#### ONA 510 Mezz Holdings LLC, Appellant, v 510 Loan Funding LLC et al., Respondents, et al., Defendant.

[943 NYS2d 747] —

An appeal having been taken to this Court by the above-named appellant from an order of the Supreme Court, New York County (Charles E. Ramos, J.), entered on or about October 22, 2010, and said appeal having been withdrawn before argument by counsel for the respective parties; and upon the stipulation of the parties hereto dated on or about April 24, 2012, it is unanimously ordered that said appeal be and the same is hereby withdrawn in accordance with the terms of the aforesaid stipulation. Concur — Mazzarelli, J.P., Catterson, Moskowitz, Richter and Manzanet-Daniels, JJ.
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Bruce  Spinhirne
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Exhibit 32.3



THANKSGIVING COFFEE COMPANY, INC.



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 Thanksgiving Coffee Company, Inc. (the Company) on Form 10-QSB for the quarter ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned
Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (i) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Sam KraynekChief Financial OfficerMay 12, 2004
Slip-Op. 99 - 4 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: RICHARD W. GOLDBERG, JUDGE

 MITA COPYSTAR AMERICA, INC., Plaintiff,

v. Court No. 93-03-00159 UNITED STATES,
Defendant.


AMENDED JUDGMENT ORDER In accordance with the decision (November 6, 1998) and mandate (December 28, 1998) of the United States Court of Appeals for the Federal Circuit, Appeal No. 98-1203, reversing this Court’s decision in Mita Copystar America v. United States , 21 CIT __, 994 F. Supp. 393, Slip Op. 98-2 (January 9, 1998) ("Mita "), it is hereby
ORDERED that this Court’s Opinion and Order in Mita , holding that Customs properly classified toner cartridges under HTSUS subheading 3707.90.30, is vacated; and it is further
ORDERED that Customs shall reliquidate the aforementioned subject merchandise under HTSUS subheading 9009.90.00 as "parts and accessories of electrostatic photocopying apparatus," in accordance with the Federal Circuit’s decision and mandate. Customs shall refund all excess duties paid with interest as provided by law.

JUDGE Date: January 6, 1999 New York, New York
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WILBORN LAW OFFICE, P.C. 

TilvI WILBORN, Attorney at Law- OSB # 944644 

tim@wilbornlaw.com 

P.O. Box 370578 

Las Vegas, NV 89137 

Voice: (702) 240-0184 

Fax: (503) 926-9133 

Attorney for Plaintiff 

SARAH SHANNON, 

Plaintiff, 

vs. 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

COMMISSIONER of Social Security, 

Defendant. 

Case No. 6: 15-cv-528-PK 

JII<HiiHl'i?iJJilQ ORDER 

Attorney fees in the amount of $6,878.62 are hereby awarded to Plaintiff pursuant to the 

Equal Access To Justice Act, 28 U.S.C. § 2412( d). Subject to any offset allowed under the Treasury 

Offset Program, payment ofthis award shall be made via check sent to Tim Wilbom's address: P.O. 

Box 370578, Las Vegas, NV 89137. In accordance with the fee assignment which Plaintiff has 

signed, payment shall be made in.Tim Wilborn's μame if no debt subject to offset exists. 

~ATED this,J&

0 

~is of (\ • J'- ,.J r' 2016. . ( ) -

Submitted on March 23, 2016 by: 

s/ Tim Wilborn 

TilvI WILBORt'I, OSB # 944644 

(702) 240-0184 

Attorney for Plaintiff 

ORDER - Page 1 

___ ) f!,-\-/ ) ) c/l , I/ {)(IrUnited States Distfiet-Gom'toM fagistrate Judge 

Case 6:15-cv-00528-PK Document 24 Filed 03/28/16 Page 1 of 1
**Exhibit 31.1**
**CERTIFICATION**
I, Stanton E. Ross, certify that:
 1.  I have reviewed this annual report on Form 10-K/A of Infinity, Inc.;  2.  Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this annual report;  3.  Based on my knowledge, the financial statements, and other financial informationincluded in this annual report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, and for, theperiods presented in this annual report;  4.  The registrant’s other certifying officer and I am responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e) for the registrant and have:
 a.  Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this annual report is being prepared; and  b.  Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this annual report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period covered by thisannual report based on such evaluation; and  c.  Disclosed in this annual report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
 5.  The registrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors:
 a.  All significant deficiencies and material weaknesses in the design or operationof internal controls over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b.  Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.   /s/ Stanton E. Ross     Stanton E. Ross  President and Chief Executive Officer     Date: April 29, 2005