alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                    EXHIBIT 32.1

      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, J. Bruce Robinson, certify, 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 Zygo Corporation on Form 10-Q for the fiscal quarter ended September
30, 2004 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 on Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of Zygo Corporation.

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

                                                      Dated:  November 5, 2004


                                                      /s/ J. Bruce Robinson
                                                      -------------------------
                                                      J. Bruce Robinson
                                                      Chairman, President, and
                                                      Chief Executive Officer of
                                                      Zygo Corporation

I, Walter A. Shephard, certify, 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 Zygo Corporation on Form 10-Q for the fiscal quarter ended September
30, 2004 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 on Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of Zygo Corporation.

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

                                                      Dated: November 5, 2004


                                                      /s/ Walter A. Shephard
                                                      -------------------------
                                                      Walter A. Shephard
                                                      Vice President, Finance,
                                                      Chief Financial Officer of
                                                      Zygo Corporation
### §§3841, 3842. Repealed. Pub. L. 100–297, title I, §1003(a), Apr. 28, 1988, 102 Stat. 293

Section 3841, Pub. L. 97–35, title V, §581, Aug. 13, 1981, 95 Stat. 475, related to statement of purpose for program of special projects.

Section 3842, Pub. L. 97–35, title V, §582, Aug. 13, 1981, 95 Stat. 475; Pub. L. 97–300, title I, §183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 97–313, Oct. 14, 1982, 96 Stat. 1462, related to authorized activities.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of this title.
###### Editorial Note on Part 41

#### Editorial Note:

Nomenclature changes to part 41 (formerly part 275) appear at T.D. ATF-460, 66 FR 39093, July 27, 2001.

#### § 41.23 Authority of TTB officers to enter premises.

Any appropriate TTB officer may enter in the daytime any premises where tobacco products or cigarette papers or tubes are produced or kept so far as it may be necessary for the purpose of examining such articles. When such premises are open at night, any appropriate TTB officer may enter them, while so open, in the performance of his official duties. The owner of such premises, or person having the superintendence of the same, who refuses to admit any appropriate TTB officer or permit him to examine such articles shall be liable to the penalties prescribed by law for the offense.

(68A Stat. 872, 903; 26 U.S.C. 7342, 7606)

[T.D. 6871, 31 FR 40, Jan. 4, 1966. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-232, 51 FR 28084, Aug. 5, 1986; T.D. ATF-243, 51 FR 43194, Dec. 1, 1986. Redesignated and amended by T.D. TTB-16, 69 FR 52424, Aug. 26, 2004]
(No. 7112

#### John P. Wrigley and Sam S. Baum, Claimants, vs. State of Illinois, Respondent

*Opinion filed June 28, 1973.*

John P. Wrigley and Sam S. Baum, Claimants, pro se.

*394William J. Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent.

Per Curiam.

This cause coming on to be heard on the Joint Stipulation of the parties hereto and the Court being fully advised in the premises;

THIS COURT FINDS that this expenditure was for the return, by the County of Macon, of fugitives from justice. The counties are required to travel to other jurisdictions for the return of fugitives when the fugitives have been located and apprehended in various jurisdictions throughout the country. The expenses herein reflect the expenses incurred by the County of Macon in sending their sheriffs and deputies to return apprehended fugitives. The investigation and reports from the Department of Law Enforcement indicate that the appropriations for this purpose were expended and a deficiency appropriation of $20,000.00 was requested. However, even before the $20,000.00 was received for reimbursing the various counties for these expenses, it became apparent that even this $20,000.00 deficiency appropriation was going to be inadequate. The original appropriation was expended and the $20,000.00 was used up also, leaving some of these expenses unpaid. Under the rules set forth in *Fergus*vs. *Brady,*277 Ill. 272, this Court finds that inasmuch as the State was unable to anticipate the amount necessary to appropriate for this expense and that since this expenditure was one required of the State by statute, this Court awards claimants as follows:

John P. Wrigley............................................$254.19

Sam S. Baum............................................... 254.19

Total $508.38
Editorial Note on Part 555
Editorial Note: Nomenclature changes to part 555 appear by T.D. ATF-487, 68 FR 3748, Jan. 24, 2003.

§ 555.42 License fees. ( a ) Each applicant shall pay a fee for obtaining a three year license, a separate fee being required for each business premises, as follows: ( 1 ) Manufacturer—$200.
( 2 ) Importer—$200.
( 3 ) Dealer—$200.
( b ) Each applicant for a renewal of a license shall pay a fee for a three year license as follows: ( 1 ) Manufacturer—$100.
( 2 ) Importer—$100.
( 3 ) Dealer—$100.
[T.D. ATF-400, 63 FR 45002, Aug. 24, 1998]
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 1,054.03

 1,054.31

 1,054.61

 1,054.61

 1,054.69

 1,054.86

 1,054.90

 1,054.90

 1,054.92

 1,054.94

 1,054.99

 1,055.02

 1,054.99

 1,055.24

 1,055.39

 1,055.46

 1,055.61

 1,055.78

 1,055.79

 1,055.88

 1,055.78

 1,055.87

 1,055.97

 1,056.17

 1,056.72

 1,057.02

 1,057.17

 1,057.69

 1,058.28

 1,058.52

 1,058.97

 2,019.5

 2,022.7

 2,026.0

 2,026.0

 2,026.9

 2,028.8

 2,029.2

 2,029.2

 2,029.5

 2,029.7

 2,030.2

 2,030.6

 2,030.2

 2,033.0

 2,034.7

 2,035.5

 2,037.2

 2,039.1

 2,039.2

 2,040.2

 2,039.1

 2,040.1

 2,041.2

 2,043.4

 2,049.6

 2,053.0

 2,054.7

 2,060.5

 2,067.2

 2,069.9

 2,075.0

STORAGE

+3.2

+3.1

+3.3

+0.0

+0.9

+1.9

+0.4

+0.0

+0.2

+0.2

+0.6

+0.3

-0.3

+2.8

+1.7

+0.8

+1.7

+1.9

+0.1

+1.0

-1.1

+1.0

+1.1

+2.2

+6.2

+3.4

+1.7

+5.9

+6.7

+2.7

+5.1

CHANGE

4,834

4,281

5,039

3,381

3,217

3,973

3,520

3,024

3,145

3,296

3,479

3,378

2,804

3,972

3,456

3,262

3,633

3,866

2,841

3,228

2,807

3,227

3,063

3,014

6,049

4,386

3,897

5,839

5,032

4,118

5,624

INFLOW

 3,187

 2,700

 3,349

 3,370

 2,739

 3,011

 3,270

 3,010

 3,008

 3,180

 3,187

 3,191

 2,948

 2,520

 2,599

 2,824

 2,766

 2,874

 2,763

 2,669

 3,331

 2,673

 2,463

 1,832

 2,923

 2,681

 3,012

 2,836

 1,641

 2,748

 3,061

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 22

 7

 4

 11

 29

 7

 25

 14

 25

 4

 11

 18

 25

 43

 11

 43

 22

 33

 22

 51

 40

 47

 36

 51

 15

 7

 33

 51

 37

 4

 0

C.F.S.

 .06

 .02

 .01

 .03

 .08

 .02

 .07

 .04

 .07

 .01

 .03

 .05

 .07

 .12

 .03

 .12

 .06

 .09

 .06

 .14

 .11

 .13

 .10

 .14

 .04

 .02

 .09

 .14

 .10

 .01

 .00

INCHES

 .26

 .09

 .96

 .21

 .01

 .62

 .16

 .20

 .08

 .04

 .80

 .10

 .15

 .36

 .71

 .00

 .37

 .11

 .08

 .01

 .64

 .01

 .00

 .00

 .85

 .70

 .00

 .47

 1.30

 .05

 .20

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MARCH 2006 NEW MELONES LAKE DAILY OPERATIONS RUN DATE: July 25, 2006

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS +58.7 118,685 88,366 0 0 748 2.06 9.54

ACRE-FEET +58,700 235,412 175,274 0 0 1,484

COMMENTS:

SUMMARY

RELEASE (ACRE-FEET)

POWER 175,274

SPILL 0

OUTLET

TOTAL

 0

 175,274

PRECIPITATION

THIS MONTH =

TO DATE =

 9.54

JULY 1, 2005 31.82

 2,016.3

Table 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 1,050.13

 1,050.00

 1,049.85

 1,049.69

 1,049.56

 1,049.44

 1,049.27

 1,049.02

 1,048.91

 1,048.73

 1,048.53

 1,048.29

 1,048.11

 1,047.76

 1,047.52

 1,047.45

 1,047.22

 1,047.07

 1,046.81

 1,046.51

 1,046.26

 1,046.07

 1,045.78

 1,045.61

 1,045.39

 1,045.14

 1,044.89

 1,044.68

 1,044.29

 1,043.92

 1,976.4

 1,975.0

 1,973.3

 1,971.6

 1,970.2

 1,968.9

 1,967.0

 1,964.2

 1,963.0

 1,961.1

 1,958.9

 1,956.3

 1,954.3

 1,950.5

 1,947.9

 1,947.1

 1,944.6

 1,943.0

 1,940.2

 1,936.9

 1,934.2

 1,932.1

 1,929.0

 1,927.1

 1,924.8

 1,922.1

 1,919.4

 1,917.1

 1,912.9

 1,908.9

STORAGE

-2.1

-1.4

-1.6

-1.8

-1.4

-1.3

-1.9

-2.7

-1.2

-2.0

-2.2

-2.6

-2.0

-3.8

-2.6

-0.8

-2.5

-1.6

-2.8

-3.3

-2.7

-2.1

-3.1

-1.8

-2.4

-2.7

-2.7

-2.3

-4.2

-4.0

CHANGE

905

858

1,029

835

978

1,006

1,101

1,015

1,130

1,011

1,125

769

1,108

837

739

1,067

737

738

743

916

768

1,387

842

887

938

1,186

1,153

925

772

979

INFLOW

 1,906

 1,536

 1,780

 1,644

 1,643

 1,644

 1,976

 2,337

 1,662

 1,943

 2,156

 2,070

 2,036

 2,700

 2,043

 1,388

 1,946

 1,492

 2,107

 2,519

 2,097

 2,367

 2,337

 1,740

 2,068

 2,507

 2,388

 2,000

 2,786

 2,884

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 53

 43

 78

 75

 53

 25

 64

 60

 74

 60

 71

 21

 64

 60

 14

 63

 53

 70

 60

 39

 39

 60

 88

 74

 70

 42

 126

 66

 105

 104

C.F.S.

 .15

 .12

 .22

 .21

 .15

 .07

 .18

 .17

 .21

 .17

 .20

 .06

 .18

 .17

 .04

 .18

 .15

 .20

 .17

 .11

 .11

 .17

 .25

 .21

 .20

 .12

 .36

 .19

 .30

 .30

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .02

 .39

 .00

 .00

 .18

 .00

 .00

 .00

 .00

 .00

 .00

 1.18

 .26

 .26

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2007 NEW MELONES LAKE DAILY OPERATIONS RUN DATE: June 18, 2007

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -69.6 28,484 61,702 0 0 1,874 5.32 2.29

ACRE-FEET -69,600 56,498 122,386 0 0 3,717

COMMENTS:

SUMMARY

RELEASE (ACRE-FEET)

POWER 122,386

SPILL 0

OUTLET

TOTAL

 0

 122,386

PRECIPITATION

THIS MONTH =

TO DATE =

 2.29

JULY 1, 2006 19.53

 1,978.5

Table 13
#### § 6.34 Mortgages.

The acquisition of a mortgage on a retailer's real or personal property by an industry member constitutes an interest in the retailer's property within the meaning of the Act.
(No. 73—CC—107

#### Janice D. Houston, Claimant, *vs.*State of Illinois, Department of Mental Health, Respondent.

*Opinion filed March 22, 1973.*

Janice D. Houston, Claimant, pro se.

William J. Scott, Attorney General; Saul R. Wexler, Assistant Attorney General, for Respondent.

Per Curiam.
§ 24.25 Emergency variations from requirements. ( a ) *General.* The appropriate TTB officer may approve construction, equipment, and methods of operation other than as specified in this part, when in the judgment of such officer an emergency exists, the proposed variations from the specified requirements are necessary, and the proposed variations: ( 1 ) Will afford the security and protection to the revenue intended by the prescribed specifications;
( 2 ) Will not hinder the effective administration of this part; and
( 3 ) Will not be contrary to any provisions of law.
( b ) *Application.* The proprietor must submit a written application to the appropriate TTB officer within 24 hours of any temporary approval granted under paragraph (c) of this section, which describes the proposed variation, and sets forth the reasons therefor.
( c ) *Temporary approval.* The proprietor who desires to employ an emergency variation from requirements must contact the appropriate TTB officer and request temporary approval until the written application, required by paragraph (b) of this section, is acted upon. The appropriate TTB officer will be a subordinate of the TTB officer designated in paragraph (a) of this section. Where the emergency threatens life or property, the proprietor may take immediate action to correct the situation without prior notification; however, the proprietor must promptly contact the appropriate TTB officer and file with that officer a report concerning the emergency and the action taken to correct the situation.
( d ) *Conditions.* The proprietor must, during the period of variation from requirements granted under this section, comply with the terms of the approved application. A failure to comply in good faith with any procedures, conditions, and limitations will automatically terminate the authority for a variation. Upon termination of the variation, the proprietor must fully comply with requirements of regulations for which the variation was authorized. Authority for any variation may be withdrawn whenever in the judgment of the appropriate TTB officer the revenue is jeopardized or the effective administration of this part is hindered by the continuation of the variation.
[T.D. ATF-409, 64 FR 13684, Mar. 22, 1999]
### §3474. Rules and regulations

The Secretary is authorized to prescribe such rules and regulations as the Secretary determines necessary or appropriate to administer and manage the functions of the Secretary or the Department.

(Pub. L. 96–88, title IV, §414, Oct. 17, 1979, 93 Stat. 685; Pub. L. 99–145, title XII, §1204(a)(5), Nov. 8, 1985, 99 Stat. 720; Pub. L. 103–382, title II, §271(d)(1), Oct. 20, 1994, 108 Stat. 3930.)

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–382 struck out subsec. (a) designation and subsec. (b) which read as follows: "The Secretary, in promulgating rules and regulations as authorized by statute, shall prescribe such rules and regulations in accordance with chapter 5 of title 5. Section 1232 of this title also shall apply to such rules and regulations to the extent applicable immediately prior to May 4, 1980, and to rules and regulations promulgated with respect to programs transferred under sections 3441(a)(1), (2), and (4), 3443, 3444, 3445, and 3446 of this title."

1985—Subsec. (b). Pub. L. 99–145 struck out reference to section 3442 of this title.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 123.85

 122.37

 121.45

 122.07

 122.96

 123.27

 123.35

 123.23

 123.45

 123.32

 123.59

 123.17

 122.81

 123.38

 123.35

 122.74

 123.60

 123.27

 122.80

 122.19

 123.65

 123.45

 123.41

 122.85

 122.44

 122.51

 123.83

 123.28

 123.33

 123.66

 8,191

 7,508

 7,110

 7,373

 7,773

 7,918

 7,956

 7,899

 8,003

 7,941

 8,068

 7,871

 7,706

 7,970

 7,956

 7,674

 8,073

 7,918

 7,701

 7,427

 8,097

 8,003

 7,984

 7,724

 7,539

 7,571

 8,181

 7,923

 7,946

 8,101

STORAGE

-120

-683

-398

+263

+400

+145

+38

-57

+104

-62

+127

-197

-165

+264

-14

-282

+399

-155

-217

-274

+670

-94

-19

-260

-185

+32

+610

-258

+23

+155

CHANGE

8,104

7,777

7,920

9,416

15,183

24,282

26,427

25,101

20,444

16,384

13,255

11,233

9,745

8,874

7,326

6,121

5,737

4,551

3,978

3,459

3,477

2,699

2,354

2,238

2,270

2,376

2,661

2,222

2,366

2,440

INFLOW

 4,837

 4,912

 4,992

 5,060

 5,127

 5,265

 4,919

 4,804

 4,781

 1,972

 2,690

 4,672

 4,665

 4,874

 4,162

 4,286

 4,437

 4,583

 4,040

 3,550

 3,091

 2,690

 2,301

 2,308

 2,305

 2,306

 2,306

 2,305

 2,305

 2,305

POWER

 3,280

 3,160

 3,072

 4,159

 9,788

 18,897

 21,444

 20,279

 15,564

 14,396

 10,456

 6,613

 5,116

 3,820

 3,123

 1,931

 1,052

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

 45

HATCHERY

 2

 3

 2

 1

 1

 0

 0

 2

 2

 2

 0

 2

 2

 2

 3

 1

 2

 1

 2

 2

 3

 3

 3

 2

 3

 3

 2

 2

 2

 2

C.F.S.

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2018 LAKE NATOMA DAILY OPERATIONS RUN DATE: May 1, 2018

IN LAKE

EVAP

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S.

TOTALS -210 260,420 112,850 146,150 1,350 57

ACRE-FEET -210 516,543 223,838 289,889 2,678 113

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

SUMMARY

RELEASES (ACRE-FEET)

POWER 223,838

SPILL 289,889

FOLSOM SOUTH CANAL

HATCHERY

 230

 2,678

 8,311

FOLSOM

SOUTH 

 0

 1

 10

 18

 20

 2

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 8

 15

 14

 10

 6

 0

 0

 2

 10

 116

 230

(1)

(1) INCHES OF EVAPORATION TAKEN FROM FOLSOM PAN.

RELEASES (ACRE-FEET) 

TOTAL 516,635
EXHIBIT 31.2


                            CERTIFICATION PURSUANT TO
                    SS.302 OF THE SARBANES-OXLEY ACT OF 2002


       I, James F. Parslow, Chief Financial Officer of Spire Corporation (the
"Company"), certify that:

       1. I have reviewed this quarterly report on Form 10-QSB of the Company.

       2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report.

       3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Company as of,
and for, the periods presented in this report.

       4. The Company's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and have:

          a)  Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the Company, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

          b)  Evaluated the effectiveness of the Company's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

          c)  Disclosed in this report any change in the Company's internal
control over financial reporting that occurred during the Company's most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the Company's internal control over financial reporting.

       5. The Company's other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
Company's auditors and the audit committee of the Company's board of directors
(or persons performing the equivalent functions):

          a)  All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the Company's ability to record, process, summarize
and report financial information; and

          b)  Any fraud, whether or not material, that involves management or
other employees who have a significant role in the Company's internal control
over financial reporting.


Dated: May 14, 2004                         By: /s/ James F. Parslow
                                                -----------------------
                                                James F. Parslow
                                                Chief Financial Officer
### FI LED U.S. COURT O F APP EALS ELEVENTH CIRCUIT N ovembe r 10 , 2 005 THO MAS K. KAH N CL ERK [DO NOT PUBLISH] IN THE UN ITED STATES COURT OF APPEALS FO R T HE EL EV EN TH CIRC UI T

____ ____ ____ ___ N o. 05- 1341 5 Non-A rgum ent Calendar

____ ____ ____ ___ D. C. Docket N o. 040005 0-CV -O C-10GRJ KENNET H BELL, Pl ai nti ff -Appe llant,
ve rs us GEORGIA-PACIF IC COR PORATION, De fendant-Appellee.

____ ____ ____ __ A ppe al f ro m the U nit ed

S ta te s D istri ct

Co urt fo r the Mi ddl e D istri ct

of F lor ida

____ ____ ____ __ (N ove m be r 10, 200 5) Be fo re T JO FL A T , D U BI N A a nd P RY O R, Ci rc uit Jud ge s. PE R CU RIA M:2

T his is anappe al f

ro m the dis tr ic t c ourt’ s gr an t of sum m ar y j udgm en t on ap pe llant K en ne th B el l’ s c la im s br ough t un de r Fl or ida ’ s Whis tle blo w er A ct , §4 48 .10 2( 3) , Fla . Sta t., an d Work ers ’ Co m pe ns at io n Law, § 44 0.2 05 , Fla . Sta t. T his c ourt r ev ie w s de novo adis tr ic t c ourt’ s gr an t of sum m ar y j udgm en t, ap pl y in g t he same leg al st an da rd s emplo y edby the di st ric t co ur t. Turling ton v. A tla nta G as L igh t C

o. , 135 F
. 3d 1 428, 143 2 ( 11t h C ir
. 199 8)
. S um m ar y j udgm en t is appropriate wher e “ there is no genuin e issue as to any m aterial f

act. ” Fe d. R. Ci v. P
. 56( c)
. A f

ac tua l di sput e is g enuin e onl y if “ the e vid en ce is suc h th at a reasonable j ury

could return a verdict for the non-m ovin g party .” United States v. F our P arc el

s of R ea l Prope rty , 941 F. 2d 14 28, 1437 (11t h Cir. 1991 ). Af ter re viewing the record and reading the parties’ briefs, we conclude that the dis tr ic t c ourt pr ope rl y gr an te d su m

m ar y j udgm en t t o G eo rg iaP ac if ic on b oth of Bell’ s claim s. A ccordingly , w e af firm the district court’ s grant of summ ary j udgm en t f

or the r ea sons se t f

orth i n it s w el l- re as one d or de r fi le d onMay 17, 2005
. AFFIRMED.
#### § 31.125 Cross references.

See also §§ 31.75, 31.102, and 31.103 for other situations requiring registration as a new dealer.