alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 19-0305

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

MICHAEL JOSEPH HOWARD,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable John W. Larson, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

September 2 2020

09/02/2020

Case Number: DA 19-0305
EXHIBIT 32

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


         In connection with the Quarterly Report of Granite Cliffs Incorporated,
on Form 10-QSB for the period ending June 30, 2003 as filed with the  Securities
and Exchange Commission on the date hereof (the "REPORT"),  the undersigned,  B.
Stephen Bailey,  Chief Executive Officer and Principal Accounting Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to ss.
906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my  knowledge  and
belief:

         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.


Date: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
### SUBCHAPTER II—PUBLIC LANDS CORPS
§ 115.215 Limits to cross-gender viewing and searches. ( a ) The facility shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners.
( b ) As of August 20, 2015, or August 21, 2017 for a facility whose rated capacity does not exceed 50 residents, the facility shall not permit cross-gender pat-down searches of female residents, absent exigent circumstances. Facilities shall not restrict female residents' access to regularly available programming or other outside opportunities in order to comply with this provision.
( c ) The facility shall document all cross-gender strip searches and cross-gender visual body cavity searches, and shall document all cross-gender pat-down searches of female residents.
( d ) The facility shall implement policies and procedures that enable residents to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. Such policies and procedures shall require staff of the opposite gender to announce their presence when entering an area where residents are likely to be showering, performing bodily functions, or changing clothing.
( e ) The facility shall not search or physically examine a transgender or intersex resident for the sole purpose of determining the resident's genital status. If the resident's genital status is unknown, it may be determined during conversations with the resident, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.
( f ) The agency shall train security staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex residents, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.
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# Sacramento Loan Processing Center (Sacramento, CA)

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# C_2011130EN.01000902.xml

| 30.4.2011 | EN | Official Journal of the European Union | C 130/9 |
| --- | --- | --- | --- |

30.4.2011

EN

Official Journal of the European Union

C 130/9

---

Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 28 January 2011 — VBV — Vorsorgekasse AG v Finanzmarktaufsichtsbehörde (FMA)

(Case C-39/11)

2011/C 130/17

Language of the case: German

Referring court

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: VBV — Vorsorgekasse AG

Applicant:

Defendant: Finanzmarktaufsichtsbehörde (FMA)

Defendant:

Question referred

Question referred

Is a provision which permits a severance fund to invest assets allocated to a collective investment fund only in shares in investment funds which are authorised to sell in Austria compatible with the freedom of movement of capital set out in Article 63 et seq. TFEU?

---
Exhibit 99.2



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 Annual Report of CellStar Corporation
(the Registrant) on Form 10-K for the fiscal year ended November 30, 2002, filed with the Securities and Exchange Commission on February 28, 2003, as amended by the Form 10-K/A filed with the Securities and Exchange Commission on the
date hereof (the Report), the undersigned hereby certifies, in the capacity as indicated below and 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 his
knowledge:



| | 1. |  | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- |  | ---------------------------------------------------------------------------------------------------------------------------------



| | 2. |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | -- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Terry S.
Parker

Terry S. Parker, Chief Executive Officer

Date:    March 31, 2003



A signed original of this written statement required by Section 906 has been provided to CellStar Corporation and will be
retained by CellStar Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
***Exhibit******32***

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

In connection with the report on Form 10-Q of ASP Ventures Corp. for the quarterly period ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof, I,Nora Coccaro, do hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that,        to the best of my knowledge and belief:

|  | (1)      | This 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 this report fairly represents, in all material respects, the financial condition of the small business issuerat the endof the period covered by this report and resultsof operations of the small business issuerfor the period covered by this                report. |
|--|-----------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Date: August 18, 2008                  

/s/ Nora Coccaro

Nora Coccaro

Chief Executive Officer

Thiscertification accompanies this report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the small business issuerfor the purposes of §18 of the Securities Exchange Act of        1934, as amended. This certification shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this report), irrespective of any general incorporation language contained in such filing.                 A signed original of this written statement required by §906 hasbeen provided to the small business issuerand will be retained by the small business issuerand furnished to the Securities and Exchange Commission or its staff upon request.

27
EXHIBIT INDEX
                                _____________


A.   Copies of exhibits listed below are submitted with this Annual Report
     on Form 10-K, immediately following this index.
   
     10.40   Global Marine Inc. 1998 Management Incentive Award Plan.

     21.1    List of Subsidiaries.

     23.1    Consent of Coopers & Lybrand L.L.P., Independent Accountants.

     27.1    Financial Data Schedule.  (Exhibit 27.1 is being submitted as
             an exhibit only in the electronic format of this Annual Report
             on Form 10-K being submitted to the Securities and Exchange
             Commission.  Exhibit 27.1 shall not be deemed filed for purposes
             of Section 11 of the Securities Act of 1933, Section 18 of the
             Securities Exchange Act of 1934 or Section 323 of the Trust 
             Indenture Act, or otherwise be subject to the liabilities of such
             sections, nor shall it be deemed a part of any registration
             statement to which it relates.)

B.  All other exhibits listed in Item 14(a)(3) are incorporated by reference in
    this Annual Report on Form 10-K, as stated in Item 14(a)(3).  Descriptions
    of these exhibits are incorporated herein by this reference to Item
    14(a)(3) of this Report.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T S I MON K AR AP E T YA N, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 08- 73816 A ge nc yN o. A 079- 561- 506 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n O r de rof

the B o a r do f I m m ig r a tio n A p p e a ls S ubm i tt e d M ay14, 2013 ** B efo re: L E A V Y , T H O M A S , an dM U R G U IA , C i rcu i tJu d g es. S i m on K ar ape ty a n, ana t i ve of the f orm e rS ovi e tU ni on and c i t i z e n of A rm en i a, p et i t i o n s p ro se fo r rev i ew o f th e B o ardo f Im m i g rat i o n A p p eal s’ (“ B IA ”) order denyi ng hi s m ot i on t o rec on si der. W e have j uri sdi ct i on un der 8 U . S . C . § 1 25 2. W e r evi ew for an abu se of di sc re t i on the B IA ’ s deni alof a 

# FI LED MA Y20 2 013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2 08- 73816

m o tio n to r e c o n s id e r , Ca n o -Me r i da v . I NS , 311 F . 3d 960, 964 ( 9th C i r . 2002) , and we d e n yth e p e t i t i o n f

o rr e v i e w. T h e B I A d idn o t ab u s e its d is c r e tio n in d e n y in g K ar ap e ty an ’s m o tio n to r e c ons i de rbe c aus e the m ot i on f a i l e d t o i de nt i f

ya nye rr orof

f a c torl aw i n the B I A ’s p r io ro r d e rd e n y in g h is m o tio n to r e o p e n a s u n tim e ly . See 8 C. F. R. § 1 00 3. 2(b)(1). P E T I T I ON F OR RE V I E W DE NI E D.
### §68e. Condemnation and injunction proceedings

#### (a) Grounds for condemnation; disposition of merchandise

Any wool products shall be liable to be proceeded against in the district court of the United States for the district in which found, and to be seized for confiscation by process of libel for condemnation, if the Commission has reasonable cause to believe such wool products are being manufactured or held for shipment, or shipped, or held for sale or exchange after shipment, in commerce in violation of the provisions of this subchapter, and if after notice from the Commission the provisions of this subchapter with respect to said products are not shown to be complied with. Proceedings in such libel cases shall conform as nearly as may be to suits in rem in admiralty, and may be brought by the Commission.

If such wool products are condemned by the court, they shall be disposed of, in the discretion of the court, by destruction; by sale; by delivery to the owner or claimant thereof upon payment of legal costs and charges and upon execution of good and sufficient bond to the effect that such wool products will not be disposed of until properly stamped, tagged, labeled, or otherwise identified under the provisions of this subchapter; or by such charitable disposition as the court may deem proper. If such wool products are disposed of by sale, the proceeds, less legal costs and charges, shall be paid into the Treasury of the United States.

#### (b) Grounds for temporary injunction or restraining order; issuance without bond

Whenever the Commission has reason to believe that—

(1) Any person is violating, or is about to violate, sections 68a, 68c, 68f, or 68g of this title, and that

(2) It would be to the public interest to enjoin such violation until complaint is issued by the Commission under the Federal Trade Commission Act and such complaint dismissed by the Commission or set aside by the court on review, or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act,

the Commission may bring suit in the district court of the United States or in the United States court of any Territory, for the district or Territory in which such person resides or transacts business, to enjoin such violation, and upon proper showing a temporary injunction or restraining order shall be granted without bond.

(Oct. 14, 1940, ch. 871, §7, 54 Stat. 1131.)

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, §1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.
Exhibit 23

                        Consent of Independent Auditors

We consent to the incorporation by reference in this Annual Report (Form 10-K)
of TFC Enterprises, Inc. of our report dated February 12, 1998, included in the
1997 Annual Report of TFC Enterprises, Inc.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-78376) pertaining to the TFC Enterprises, Inc. 1993 Employee
Stock Purchase Plan of our reports dated February 12, 1998 with respect to the
consolidated financial statements and consolidated financial statement schedule
of TFC Enterprises, Inc. incorporated by reference or included in the Annual
Report (Form 10-K) for the year ended December 31, 1997.


                                                 ERNST & YOUNG LLP

Washington, D.C.
March 30, 1998
null

457.38684
§ 115.405 Audit appeals. ( a ) An agency may lodge an appeal with the Department of Justice regarding any specific audit finding that it believes to be incorrect. Such appeal must be lodged within 90 days of the auditor's final determination.
( b ) If the Department determines that the agency has stated good cause for a re-evaluation, the agency may commission a re-audit by an auditor mutually agreed upon by the Department and the agency. The agency shall bear the costs of this re-audit.
( c ) The findings of the re-audit shall be considered final.
Exhibit 32.1

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


In connection with the Quarterly Report of National Companies, Inc. (the
"Company") on Form 10-QSB for the period ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Carol
Boozer, Vice President and Principal Financial 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:

         (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.


Date:    August 19, 2003                        /s/ Carol Boozer
                                               ----------------------------
                                               Carol Boozer
                                               Vice President and Principal
                                               Financial Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Snowball.com unaudited financial statements and related footnotes and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          39,615
<SECURITIES>                                     5,111
<RECEIVABLES>                                    4,542
<ALLOWANCES>                                     (976)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                50,329
<PP&E>                                          24,797<F1>
<DEPRECIATION>                                 (6,778)<F2>
<TOTAL-ASSETS>                                  69,006
<CURRENT-LIABILITIES>                           15,035
<BONDS>                                          1,910
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            37
<OTHER-SE>                                      52,024<F3>
<TOTAL-LIABILITY-AND-EQUITY>                    69,006
<SALES>                                         15,986
<TOTAL-REVENUES>                                15,986
<CGS>                                            8,962
<TOTAL-COSTS>                                   61,513
<OTHER-EXPENSES>                                   (2)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (1,170)
<INCOME-PRETAX>                               (53,317)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (53,317)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (53,317)
<EPS-BASIC>                                     (1.69)
<EPS-DILUTED>                                   (1.69)
<FN>
<F1>Includes Goodwill and intangible assets and Fixed Assets.
<F2>Inlcudes Amortization and Depreciation.
<F3>Inlcudes APIC, Notes recievables from shareholders, Deferred stock
compensation.
</FN>


</TABLE>
biei_ex102.htm

EXHIBIT 10.2
 
SECOND AMENDMENT TO
SECURITIES PURCHASE AGREEMENT
 
This Second Amendment to Securities Purchase Agreement (this "Amendment") is entered into on March 7, 2016 by and between Premier Biomedical, Inc., a Nevada corporation (the "Company") and Redwood Management, LLC (the "Purchaser").
 
RECITALS
 
WHEREAS, the Company and Purchaser are parties to that certain Securities Purchase Agreement dated as of December 28, 2015 (the "Agreement");
 
WHEREAS, the parties entered into a First Amendment to Securities Purchase Agreement dated February 22, 2016 (the "First Amendment");
 
WHEREAS, the parties desire to further amend the Agreement as set forth herein.
 
NOW, THEREFORE, for good and adequate consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
 
AGREEMENT
 
1. Section 2.1 of the Agreement is amended and restated in its entirety as follows:
 
"2.1 Purchase. The Purchaser will purchase an aggregate of up to $525,000 in Subscription Amount of Notes, corresponding to an aggregate of $551,250 in Principal Amount of Notes. The purchase will occur in five (5) tranches (each a "Tranche"), as follows:
 
	No.
	 
	 
	Amount ($)
	 
	 
	Timing

	1.	 
	 
	$	150,000	 
	 
	Funded 12/28/15

	2.	 
	 
	$	125,000	 
	 
	Funded 1/8/16

	3.	 
	 
	$	75,000	 
	 
	Funded 2/26/16

	4.	 
	 
	$	75,000	 
	 
	3/7/16

	5.	 
	 
	$	100,000	 
	 
	3/11/16



 
provided that none of the Tranches will be subject to the Equity Conditions."
 
4. Other than as set forth herein, the terms and condition of the Agreement shall remain in full force and effect.
 
[signature page to follow]
 
	 
	1

	

	 

 
IN WITNESS WHEREOF, the parties have executed this Amendment on the date set forth above.
 
	"Company"
	 
	"Purchaser"
	 

	 
		 
	 
		 

	Premier Biomedical, Inc.
	 
	Redwood Management, LLC
	 

	 
		 
	 
		 

	By:
	/s/ William A. Hartman 
	 
	By:
	/s/ John DeNobile 
	 

	Name:
	William A. Hartman
	 
	Name:
	John DeNobile
	 

	Its:
	President
	 
	Its:
	Manager
	 



 
 
2