alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 09-5331 September Term 2009

1:02-cv-00828-CKK

Filed On: July 7, 2010

Fawzi Khalid Abdullah Fahad Al Odah,

Detainee and Khaled Al Odah, Next friend of

Fawzi Khalid Abdullah Fahad Al Odah,

Appellants

v.

United States of America, et al.,

Appellees

BEFORE: Sentelle, Chief Judge, and Rogers and Garland, Circuit Judges

O R D E R

Upon consideration of the court’s order to show cause filed June 30, 2010,

directing appellees to show cause why the court’s opinion filed June 30, 2010, should

not be released with redactions of classified material only, and the response thereto;

the court’s order to show cause filed July 6, 2010, and the response thereto; and

appellees’ motion to modify the June 30, 2010 order to show cause, it is 

ORDERED that the orders to show cause be discharged. It is

FURTHER ORDERED that the Clerk be directed to issue the public version of

the court’s opinion filed June 30, 2010, with the classified material redacted. It is

FURTHER ORDERED that the motion to modify be dismissed as moot. 

Per Curiam

FOR THE COURT:

Mark J. Langer, Clerk 

BY: /s/

Michael C. McGrail 

Deputy Clerk
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2372

Quest Technologies dba Crystal Quest:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
#### MRS. W. E. CHAPPELL v. C. W. MOWERY et al.

(Filed 13 April, 1932.)

Highways A e — Judgment dissolving order restraining maintenance of imitation highway signs is affirmed in this case.

The erection of signs on a State highway in imitation of official highway signs in violation of chapter 148, section 56, Public Laws of 1927, is made a misdemeanor under section 58, and injunction is not the appropriate remedy for the enforcement of the statute, and in proceedings by a private person a judgment dissolving a temporary order restraining the maintenance of signs by a private owner alleged to be in violation of the statute will not be disturbed on appeal, it further appearing that the alleged signs were placed on private property and not upon the right of way of the highway.

Appeal by plaintiff from *0owner, Special .Judge,*at January Special Term, 1932, of Waxe.

*585Civil action to restrain the defendants from maintaining at tbe intersection of Person and Edenton Streets in the city of Raleigh an imitation highway sign in violation of section 56, chapter 148, Public Laws, 1927, which provides in part as follows:

“No unauthorized person shall erect or maintain upon any highway any warning or direction sign, marker, signal or light in imitation of any official sign, marker, signal or light erected under the provisions of this act.”

Section 58 of the same act also provides in part: “It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this act.”

From a judgment dissolving the temporary restraining order and dismissing the action, the plaintiff appeals, assigning errors.

*Thomas W. Ruffin for plaintiff.*

*Clyde A. Douglass for'defendants.*

Stacy, 0. J.

It is not conceded that the sign in question is an imitation of any official sign, but, however this may be, it is admittedly located on private property and not upon the right of way of any highway. Furthermore, the violation of the provisions of the statute is made a misdemeanor (section 58), and the remedy selected, injunction, would seem to be inappropriate on the showing made by the plaintiff. *Loose-Wiles Biscuit Co. v. Sanford,*200 N. C., 467, 157 S. E., 432; *Turner v. New Bern,*187 N. C., 541, 122 S. E., 469; *Thompson v. Lumberton,*182 N. C., 260, 108 S. E., 722.

The matter may have been *coram non judice.*The record is not altogether clear on this point. *Green v. Stadiem,*197 N. C., 472, 149 S. E., 685; *Reid v. Reid,*199 N. C., 740, 155 S. E., 719.

We have discovered no valid reason for a reversal of the judgment.

Affirmed.
**EXHIBIT 32** **Section 906    Certification**      Certification of Chief Executive Officer and Chief Financial    Officer     Pursuant to 18 U.S.C. § 1350, as created by    Section 906 of the Sarbanes-Oxley Act of 2002, the    undersigned officers of Interstate Hotels & Resorts,    Inc. (the “Company”) hereby certify that:     (i) the accompanying quarterly report on    Form 10-Q    of the Company for the three months and nine months ended    September 30, 2006 (the “Report”) fully complies    with the requirements of Section 13(a) or    Section 15(d), as applicable, of the Securities Exchange    Act of 1934, as amended;     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/  Thomas    F. Hewitt**Thomas F. Hewitt*****Chief Executive Officer*** /s/  Bruce    A. Riggins**Bruce A. Riggins*****Chief Financial Officer***     Dated: November 9, 2006
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EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

April 12, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3446

Mitsubishi Caterpillar Forklift America, Inc: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_04.15.19.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3471

Academy, Ltd:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
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EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2451

MEICO Lamp Parts Company, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Notices]
[Page 13401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6057]



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


DEPARTMENT OF AGRICULTURE
Forest Service


Intergovernmental Advisory Committee Meeting

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Intergovernmental Advisory Committee (IAC) will meet on 
March 28 and 29, 1995, at the Sheraton Portland Airport Hotel, 8235 
N.E. Airport Way, Portland, Oregon 97230. The purpose of the meeting is 
to discuss the role of the committee in the implementation of the 
Northwest Forest Plan. The meeting will begin at 1:30 p.m. on March 28 
and continue until 4:30 p.m. It will resume at 8:30 a.m. on March 29, 
concluding at 3:00 p.m. Agenda items to be covered include: (1) 
background on the Northwest Forest Plan; (2) introduction of members 
and general orientation; (3) operating guidelines and ground rules; (4) 
a summary of actions taken by the federal agencies regarding plan 
implementation; and (5) a discussion of topics to be addressed at 
future meetings. The IAC meeting will be open to the public. Written 
comments may be submitted for the record at the meeting. Time will also 
be scheduled prior to adjourning on March 28 for brief oral public 
comments. Interested persons are encouraged to attend.

FOR FURTHER INFORMATION CONTACT:
Questions regarding this meeting may be directed to Don Knowles, 
Executive Director, Regional Ecosystem Office, 333 SW 1st Avenue, P.O. 
Box 3623, Portland, OR 97208 (Phone: 503-326-6265).

    Dated: March 7, 1995.
Donald R. Knowles,
Designated Federal Official.
[FR Doc. 95-6057 Filed 3-10-95; 8:45 am]
BILLING CODE 3410-11-M
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2656

Primex Family of Companies:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
_ c ,,’ \ . ,. .~._,_ I -- 

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EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3703

ECM Industries LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 3, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2836

Speck Pumps-Pool Products, Inc: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions.

pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
<PAGE>   1

                                                                    EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Lincare Holdings Inc.:

We consent to incorporation by reference in the Registration Statements Nos.
33-55202, 33-595656, 33-90602, 333-46969, 333-71159 and 333-78719 on Form S-8
of Lincare Holdings Inc. of our report dated February 4, 2000, relating to the
consolidated balance sheets of Lincare Holdings Inc. and subsidiaries as of
December 31, 1999 and 1998, and the related consolidated statements of
operations, stockholders' equity and cash flows and related consolidated
financial statement schedule for each of the years in the three-year period
ended December 31, 1999, which report appears in the December 31, 1999 annual
report on Form 10-K of Lincare Holdings Inc.



                                               KPMG LLP


St. Petersburg, Florida
March 29, 2000
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

SHAWN PATRICK MALARKEY, 

Defendant-Appellant.

No. 17-35445 

D.C. Nos. 9:16-cv-00083-DWM 

9:11-cr-00045-DWM-1 

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Donald W. Molloy, District Judge, Presiding

Submitted October 22, 2019**

Portland, Oregon

Before: FARRIS, BEA, and CHRISTEN, Circuit Judges.

Shawn Patrick Malarkey appeals the district court’s order denying his 

motion to vacate his sentence imposed in connection with Count Two of the 

indictment: use of a firearm during a crime of violence under 18 U.S.C. 

§ 924(c)(1)(A), where the predicate “crime of violence” is armed robbery 

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

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

DEC 2 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

involving controlled substances under 18 U.S.C. § 2118(c)(1). We affirm.

For the reasons set forth in our concurrently filed opinion in United States v. 

Burke, No. 17-35446, we hold that armed robbery involving controlled substances 

qualifies as a crime of violence under § 924(c)(3)(A).

AFFIRMED.