alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*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opinion should not be published and is not precedent except under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.

United States Court of Appeals

Fifth Circuit

FILED

August 2, 2005

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 04-51461

Summary Calendar

WESLEY N. LAING,

Plaintiff-Appellant,

VERSUS

COMMISSIONER OF INTERNAL REVENUE,

Defendant-Appellee.

Appeal from the United States District Court

For the Western District of Texas

( 03-CV-347 )

Before JONES, WIENER, and DeMOSS, Circuit Judges.

PER CURIAM:*

Appellant Wesley Laing filed suit against the United States to

challenge the Government’s filing of a federal tax lien against him

for delinquent trust fund recovery penalty assessments. Laing does

not dispute the validity of the underlying tax liabilities, but

rather argues he never received a first notice of assessment and
2

demand for payment within 60 days as prescribed by 26 U.S.C. §

6303(a). This alleged notice failure, according to Laing,

precludes the Government’s ability to exercise its administrative

collection remedies. The Government filed a motion for summary

judgment, which was granted by the district court.

This Court has previously determined that Internal Revenue

Service (“IRS”) Forms 4340 (Certificate of Assessments, Payments,

and Other Specified Matters), copies of which were submitted by the

Government as part of its summary judgment evidence, are “valid

evidence of a taxpayer’s assessed liabilities and the IRS’s notice

thereof.” Perez v. United States, 312 F.3d 191, 195 (5th Cir.

2002) (citing McCarty v. United States, 929 F.2d 1085, 1089 (5th

Cir. 1991) (observing that Forms 4340 “indicat[e] that [taxpayer]

had received notice of the assessment and demand for payment”)).

Moreover, whether Laing received notice is not material to whether

the IRS sent the notices. Jones v. Cmm’r, 338 F.3d 463, 467 (5th

Cir. 2003). As the district court observed, Laing’s evidence that

he did not receive such notice is limited to an affidavit submitted

by his accountant, which the district court disregarded as being

“based on hearsay and not upon any personal knowledge.” The

district court determined that, without more, Laing did not come

forward with any competent summary judgment evidence establishing

that notice of assessment was not properly provided.

Having carefully reviewed the entire record of this case, and

having fully considered the parties’ respective briefing, we find
3

no reversible error in the district court’s order. We therefore

AFFIRM the final judgment of the district court for the reasons

stated in its order.

AFFIRMED.
**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 this Amendment No. 3 to the Annual Report of New Enterprise Stone & Lime Co., Inc. (the “Company”) on Form 10-K/A for the year ended February 28, 2013, as filed with the Securities and Exchange Commission on the date hereof (the “Form 10-K”), I, Paul I. Detwiler, III, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

 

(i)     the Form 10-K fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and

 

(ii)    the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

Dated: September 20, 2013

 
| /s/ Paul I. Detwiler, III                     |   |
|----------------------------------------------------|--------|
| Paul   I. Detwiler, III                       |   |
| *President, Chief Executive Officer and Secretary* |   |

 

1

----
Exhibit 10.15

                             [LOGO OF CHAMPIONLYTE]

2999 NE 191st Aventura, FL 33180 Phone: (561) 394-8881 Fax: (561) 394-8288

Mr. Larry Little
14761 SW 169th Lane
Miami, FL 33187

Dear Mr. Little:

This  agreement,  dated May 20, 2003, is to serve as a letter of intent  between
ChampionLyte Beverages,  Inc. ("ChampionLyte" or "the Company") and Larry Little
("Little"), with respect to the personal service of Little.

Whereas  ChampionLyte wishes to retain Little, a retired  Professional  Football
Player,  to represent the  ChampionLyte  products,  the  following  outlines the
agreed terms of that agreement:

1.       SERVICES-  Little agrees to provide his  endorsement to  ChampionLyte's
         products  whereby  the  Company  may use  Little's  likeness,  voice or
         performance,  and  biographical  material  solely  for the  purpose  of
         advertising and promoting ChampionLyte's products. Any use o f National
         Football League logos or trademarks, are strictly prohibited.

         Little   will  be   available   for  print,   radio,   and   television
         photography/video  sessions twice per year. Additionally,  ChampionLyte
         shall be entitled to a minimum of 6  promotional  days each year.  This
         would  include press  conferences,  major trade show  appearances,  and
         business  trips  to  promote  a major  sale,  as  well as any  consumer
         appearances. (This would include any autograph sessions, and time spent
         with winners of promotional events.)

         All scheduling of said appearances will be considerate of Little's time
         and  availability.  All advertising  material/media  and press releases
         will be cleared with Little or his agent prior to release. ChampionLyte
         will provide all  transportation  and lodging costs associated with any
         such travel.

2.       TERM- The duration of this agreement shall be a period of one year from
         the date  hereof.  It is also  understood  that for the duration of the
         said period,  Little will not engage in a similar arrangement involving
         any  parties,  companies  or products  considered  to be of a competing
         nature.

<Page>

3.       COMPENSATION-   In  consideration  of  the  obligations  set  forth  in
         paragraph 1,  ChampionLyte  agrees to pay Little  100,000  unrestricted
         common shares of ChampionLyte. The first payment of 50,OOO will be made
         within  seven days of the date of this  agreement.  The  second  50,000
         shall be issued on the six-month anniversary of the agreement.

If the following accurately sets forth your understanding, please sign below and
return.

CHAMPIONLYTE BEVERAGES, INC.

BY: /s/ David Goldberg
    -----------------------------------
PRINT:  DAVID GOLDBERG
      ---------------------------------
DATE:   5/20/03
      ---------------------------------


LARRY LITTLE

BY: /s/ Larry Little
    -----------------------------------
PRINT:  LARRY LITTLE
      ---------------------------------
DATE:   5/28/03
      ---------------------------------
Exhibit 35.9

[SunTrust Logo]

REGULATION AB

SECTION 1123 COMPLIANCE STATEMENT

SunTrust Mortgage, Inc.

901 Semmes Avenue, MTG-1705

Richmond, VA 23224

Ladies and Gentlemen,

Reference is made to that certain Regulation AB Agreement, dated as of December 1, 2006, between SunTrust Bank (the Bank) and SunTrust
Mortgage, Inc. (the Agreement). Capitalized terms used but not defined herein have the meanings given to such terms in the Agreement.

A
review of the Banks activities during the twelve month period ending December 31, 2014 (the Reporting Period) and of its performance of the Custodial Services has been made under our respective supervision.

To the best of our respective knowledge, based on such review, the Bank has fulfilled all of its obligations under the Custodial Services, respectively, in
all material respects throughout the Reporting Period.



|                                          |  |                        
|----------------------------------------- |  | -----------------------
|SUNTRUST BANK                            
|Solely with respect to Custodial Services
|                                          | 
|By:                                       |  | /s/ Terri Stoots       
|                                          |  | Terri Stoots           
|                                          |  | Vice President         
|                                          |  | Date: February 27, 2015
#### John Y. Stamps v. N. R. McClelan.

(No. 739, Tex. L. J., vol. 4, p. 447.)

Appeal from Gonzales County.

February 26, 1881.

Opinion by

White, P. J.

§ 748. *Affidavit in forma pauperis.*The affidavit *in forma pauperis*to take the case on appeal to the county court was in these words, viz.: “In this cause comes the defendant, J. T. Stamps, and says he is desirous of appealing from the judgment rendered against him in the justice’s court of Gonzales county, in the above entitled cause, to the county court of ■ Gonzales county, on the 11th day of November, 1878. Defendant further says that he is unable to give the appeal bond as required by law in appealing to the county court; therefore he prays that this cause be appealed without bond, as he is unable to give a bond, which fact he hereto swears to. ” *Held,*the affidavit is not in compliance with the statute which entitles one to appeal who will make oath that “he is unable to give bond and security for costs, as may be required by law.” [2 Pas. Dig. art. 6180; Green v. Martin, 43 Tex. 653; Ewell v. Anderson, 49 Tex. 697.] The county court did not err in dismissing the appeal.

Affirmed.
<TABLE> <S> <C>

<PAGE>
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<PERIOD-START>                             MAY-01-1998             FEB-01-1998
<PERIOD-END>                               JUL-31-1998             JUL-31-1998
<CASH>                                          20,768                  20,768
<SECURITIES>                                         0                       0
<RECEIVABLES>                                1,550,750               1,550,750
<ALLOWANCES>                                         0                       0
<INVENTORY>                                  7,368,255               7,368,255
<CURRENT-ASSETS>                             2,880,105               2,880,105
<PP&E>                                       3,495,492               3,495,492
<DEPRECIATION>                               1,751,441               1,751,441
<TOTAL-ASSETS>                              15,978,279              15,978,279
<CURRENT-LIABILITIES>                        5,553,745               5,553,745
<BONDS>                                      6,445,612               6,445,612
<PREFERRED-MANDATORY>                          700,000                 700,000
<PREFERRED>                                          0                       0
<COMMON>                                       117,759                 117,759
<OTHER-SE>                                   2,732,358               2,732,358
<TOTAL-LIABILITY-AND-EQUITY>                15,978,279              15,978,279
<SALES>                                      6,023,238               9,457,394
<TOTAL-REVENUES>                             6,023,238               9,457,394
<CGS>                                        4,966,239               7,584,785
<TOTAL-COSTS>                                4,966,239               7,584,785
<OTHER-EXPENSES>                               756,721               1,435,462
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             199,957                 322,101
<INCOME-PRETAX>                                100,321                 115,046
<INCOME-TAX>                               (1,829,869)             (1,829,869)
<INCOME-CONTINUING>                          1,930,190               1,944,915 
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 1,930,190               1,944,915
<EPS-PRIMARY>                                     0.17                    0.18
<EPS-DILUTED>                                     0.16                    0.17
        

</TABLE>
```

[Congressional Record Volume 141, Number 80 (Monday, May 15, 1995)]
[Senate]
[Page S6687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________
```
#### ANNA ZANETICH v. PARK VIEW VILLAGE AND/OR SUTTON OF COLLINGSWOOD.

January 17, 1984.

Petition for certification denied.
IV 

House Calendar No. 54 

110TH CONGRESS 

1ST SESSION H. CON. RES. 79 

[Report No. 110–133] 

Authorizing the use of the Capitol Grounds for the Greater Washington 

Soap Box Derby. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2007 

Mr. HOYER (for himself, Mr. MORAN of Virginia, Mr. VAN HOLLEN, Ms. 

NORTON, Mr. WYNN, and Mr. WOLF) submitted the following concurrent 

resolution; which was referred to the Committee on Transportation and 

Infrastructure 

MAY 8, 2007 

Referred to the House Calendar and ordered to be printed 

CONCURRENT RESOLUTION 

Authorizing the use of the Capitol Grounds for the Greater 

Washington Soap Box Derby. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 


hsrobinson on PROD1PC76 with BILLS
2 

•HCON 79 RH 

1 SECTION 1. AUTHORIZATION OF SOAP BOX DERBY RACES 

2 ON CAPITOL GROUNDS. 

3 The Greater Washington Soap Box Derby Associa4 tion (in this resolution referred to as the ‘‘Association’’) 

5 shall be permitted to sponsor a public event, soap box 

6 derby races, on the Capitol Grounds on June 16, 2007, 

7 or on such other date as the Speaker of the House of Rep8 resentatives and the Committee on Rules and Administra9 tion of the Senate may jointly designate. 

10 SEC. 2. CONDITIONS. 

11 The event to be carried out under this resolution shall 

12 be free of admission charge to the public and arranged 

13 not to interfere with the needs of Congress, under condi14 tions to be prescribed by the Architect of the Capitol and 

15 the Capitol Police Board; except that the Association shall 

16 assume full responsibility for all expenses and liabilities 

17 incident to all activities associated with the event. 

18 SEC. 3. STRUCTURES AND EQUIPMENT. 

19 For the purposes of this resolution, the Association 

20 is authorized to erect upon the Capitol Grounds, subject 

21 to the approval of the Architect of the Capitol, such stage, 

22 sound amplification devices, and other related structures 

23 and equipment as may be required for the event to be car24 ried out under this resolution. 


hsrobinson on PROD1PC76 with BILLS
3 

•HCON 79 RH 

1 SEC. 4. ADDITIONAL ARRANGEMENTS. 

2 The Architect of the Capitol and the Capitol Police 

3 Board are authorized to make any such additional ar4 rangements that may be required to carry out the event 

5 under this resolution. 

6 SEC. 5. ENFORCEMENT OF RESTRICTIONS. 

7 The Capitol Police Board shall provide for enforce8 ment of the restrictions contained in section 5104(c) of 

9 title 40, United States Code, concerning sales, advertise10 ments, displays, and solicitations on the Capitol Grounds, 

11 as well as other restrictions applicable to the Capitol 

12 Grounds, with respect to the event to be carried out under 

13 this resolution. 


hsrobinson on PROD1PC76 with BILLS
House Calendar No. 54 

110TH CONGRESS 

1ST SESSION H. CON. RES. 79 

[Report No. 110

–133] 

CONCURRENT RESOLUTION 

Authorizing the use of the Capitol Grounds for the 

Greater Washington Soap Box Derby. 

MAY 8, 2007 

Referred to the House Calendar and ordered to be 

printed 


hsrobinson on PROD1PC76 with BILLS
News United States Air Force
 Record-setting first sortie for wing's newest F-35APublished Aug. 7, 2019
                        
                        By  Micah Garbarino
                        
                        
                        388th Fighter Wing Public Affairs
                **HILL AIR FORCE BASE, Utah (AFNS)  --**
                The 388th Fighter Wing set a speed record for bringing online a newly-delivered aircraft last week, flying a local sortie less than five hours after accepting delivery of its 68th F-35A Lightning II.
Aircraft tail number 5261 left Lockheed Martin’s Fort Worth, Texas, production facility a little after 8 a.m. Aug. 1, landed at Hill Air Force Base at 10 a.m., and by 3 p.m. had taken off on its first combat training mission.
“The F-35A program’s production and delivery plan was designed to allow rapid aircraft induction and quick use by the customers,” said Col. Michael Miles, 388th Maintenance Group commander. “We’ve shown the enterprise it’s possible.”
This isn’t just a “gee-whiz” record. In theory, it means that F-35As could be deployed directly from the factory into combat if a large-scale conflict ever drives that need, Miles said.
When a new F-35A comes off the line at the production facility, it undergoes several contract and government check flights before the Air Force accepts final delivery. These flights generate data points that are collected in the Autonomic Logistics Information System and then passed on to the gaining unit, in this case the 388th FW.
The previous timeline for inducting new aircraft was measured in days and weeks, but process and system improvements in the data collection and transfer process bodes well for the future, said Chief Master Sgt. Trey Munn, 388th Maintenance Group chief enlisted manager.
“We’ve been working toward this goal as the program has matured and this is great step, and a testament to the work of the folks at Lockheed Martin, the Joint Program Office, and the Airmen in the 388th and 419th Fighter Wings,” Munn said.
The 388th and 419th FWs are the Air Force’s first combat-capable F-35 units. The first operational F-35As arrived at Hill AFB in October 2015. The active duty 388th FW and Air Force Reserve 419th FW fly and maintain the jet in a Total Force partnership, which capitalizes on the strength of both components. By the end of this year, Hill AFB will be home to 78 F-35s.LR 



USAF 



AF 



Air Force 



F-35A 



Lightning II 



Hill AFB 



ACC 



Air Combat Command 



readiness 



production 



delivery 



388th FW 



Aircraft 



388th Fighter Wing
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0000919550                     
       
<S>                               <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>         MAR-31-1997
<PERIOD-END>              DEC-31-1996
<CASH>                          3,743
<SECURITIES>                        0
<RECEIVABLES>                  34,423
<ALLOWANCES>                    2,153
<INVENTORY>                     2,939
<CURRENT-ASSETS>               43,637
<PP&E>                         86,682
<DEPRECIATION>                 23,676
<TOTAL-ASSETS>                113,265
<CURRENT-LIABILITIES>          29,170
<BONDS>                             0
<PREFERRED-MANDATORY>               0
<PREFERRED>                         0
<COMMON>                          390
<OTHER-SE>                     54,175
<TOTAL-LIABILITY-AND-EQUITY>  113,265
<SALES>                       100,942
<TOTAL-REVENUES>              100,942
<CGS>                          70,704
<TOTAL-COSTS>                  70,704
<OTHER-EXPENSES>               11,381
<LOSS-PROVISION>                  672
<INTEREST-EXPENSE>              1,972
<INCOME-PRETAX>                17,178
<INCOME-TAX>                    6,112
<INCOME-CONTINUING>            11,066
<DISCONTINUED>                      0
<EXTRAORDINARY>                     0
<CHANGES>                           0
<NET-INCOME>                   11,066
<EPS-PRIMARY>                    0.48
<EPS-DILUTED>                    0.48
        


</TABLE>
#### Binyard *&*Waldrow v. McCombs, Keller & Bynes.

(No. 237, Op. Book No. 1, p. 411.)

Error from Harrison County.

December 1, 1877.

Opinion by

White, J.

§ 520. *Citation; defective as to time of appearance; judgment by default.*The citation to defendants was issued December 29, 1875, and cited them to appear and answer in the suit on the third Monday in January, 1875. *Held,*that they were cited to appear at an impossible time, and that the citation was fatally defective and would not support the judgment by default.

Reversed and remanded.
IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 62 

Supporting the goals and ideals of a National Children and Families Day, 

in order to encourage adults in the United States to support and listen 

to children and to help children throughout the Nation achieve their 

hopes and dreams, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2007 

Mr. TOM DAVIS of Virginia submitted the following concurrent resolution; 

which was referred to the Committee on Oversight and Government Reform 

CONCURRENT RESOLUTION 

Supporting the goals and ideals of a National Children and 

Families Day, in order to encourage adults in the United 

States to support and listen to children and to help 

children throughout the Nation achieve their hopes and 

dreams, and for other purposes. 

Whereas research shows that spending time together as a 

family is critical to raising strong and resilient kids; 

Whereas strong healthy families improve the quality of life 

and the development of children; 

Whereas it is essential to celebrate and reflect upon the important role that all families play in the lives of children 

and their positive effect for the Nation’s future; 


jcorcoran on PROD1PC62 with BILLS
2 

•HCON 62 IH 

Whereas the fourth Saturday of June is a day set aside to 

recognize the importance of children and families; and 

Whereas the country’s greatest natural resource is its children: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress supports the goals and ideals 

3 of a National Children and Families Day. 

Æ 


jcorcoran on PROD1PC62 with BILLS