alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FI LED U.S. COURT OF APPEALS ELEV ENT H CI RCUI T J ULY 27, 2010 J OHN LEY CLERK [PUBLIS H] IN THE UN ITED STATES COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 0 6- 14 04 7

__ __ __ __ __ __ __ __ __ __ __ __ D. C. Dock etNo. 0 4- 03 42 2- CV-VEH-HGD ROBERT BRYANT MELSON,

Pet it io ne r-Ap pe ll an t,
ve rs us RICHAR D F. ALLEN, Comm is si on er, Alab am a Dep art m en t o f Co rrec ti on s, Res po nd en t-Ap pe ll ee.

__ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S ta te s Di st ric t Co urt fo r th e North ern Dis tri ctof Al ab am a

__ __ __ __ __ __ __ __ __ __ __ __ _ (J ul y 2 7, 2 01 0) ON REMAND FROM THE SUPREME COURT O F THE UNI TED ST ATES Befo re BI RCH, BARKETT an d WILSON, Circu itJu dg es . PER CURI AM:InMel so n v . All en , 54 8 F .3d99 3 (1 1t h C ir. 2 00 8) , we affi rm edRo be rt B
.

Mel so n’s d eat h s en te nc e fo ll owi ng hi s 1 99 6 c ap it al m ur de r co nv ic ti on s. Th e Supr em e Co urt v acat edou r jud gm en t, Me ls on v. Al le n, _

__ S. Ct._

__ , 20 10 W L 24 71 06 6 (J un e 2 1, 2 01 0) , andrem an de d t he cas e to us forfur th er co ns id erat io n i n li gh t o f it s d eci si on in Hol la ndv. Fl or id a, 56 0 U.S. _

__ , 13 0 S . Ct. 2 54 9 (2 01 0) W L 23 46 54 9. We her eb y rem an d t hi s ca se to th e d is tri ctco urt s o t ha t i t m ay
co nduc t t he ne ces sa ry

fact -fi nd in g i n t he fir stin st an ce i n a cco rd an ce wi th th e pr in ci pl es setforth in Hol la nd
. REMANDED.

2
### §602. Authority to establish motor vehicle pools and transportation systems

(a) In General.—Subject to section 603 of this title, and regulations issued under section 603, the Administrator of General Services shall—

(1) take over from executive agencies and consolidate, or otherwise acquire, motor vehicles and related equipment and supplies;

(2) provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems; and

(3) furnish motor vehicles and related services to executive agencies for the transportation of property and passengers.

(b) Methods of Providing Vehicles and Services.—As determined by the Administrator, motor vehicles and related services may be furnished by providing an agency with—

(1) Federal Government-owned motor vehicles;

(2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate common carriers; or

(3) both.

(c) Recipients of Vehicles and Services.—The Administrator shall, so far as practicable, furnish motor vehicles and related services under this section to any federal agency, mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, on its request.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1121.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 602 | 40:491(b) (related to establishment). | June 30, 1949, ch. 288, title II, §211(b) (related to establishment), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126. |

Section

Subsection (a)(1) is substituted for "in respect of executive agencies, . . . consolidate, take over, acquire, or arrange for the operation by any executive agency of, motor vehicles and other related equipment and supplies for the purpose of establishing motor vehicle pools and systems to serve the needs of executive agencies" for clarity and to eliminate unnecessary words.

In subsection (c), the words "mixed-ownership Government corporation" are substituted for "mixed ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 211(b) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
EXHIBIT 32.1

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

I, Tal L. Kapelner, hereby certify
pursuant to 18 U.S.C. Section 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 that:

(i)       
          The accompanying quarterly report on Form 10-QSB for the fiscal quarter ended
          September 30, 2003, fully complies with the requirements of Section 13(a) or
          Section 15(d) of the Securities Exchange Act of 1934, as amended; and

(ii)       
          The information in such report fairly presents, in all material respects, the
          financial condition and results of operations of Tally-Ho Ventures, Inc. (the
          Company).

| | /s/ Tal L. Kapelner
Tal L. Kapelner      
President
| | ---------------------------------------------------

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 required by Section 906, 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.
#### Woodmere Park Association, Inc., et al., Suing on Behalf of Themselves and on Behalf of All Other Resident Property Owners of Woodmere Park, Woodmere, New York, Similarly Situated, Appellants, v. Cedarpoint Realty Co., Inc., et al., Respondents.

Present — Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ. [See *post,*p. 801.]
### Part F—General and Administrative Provisions

#### **Editorial Notes**

#### Prior Provisions

For prior part F of title II of Pub. L. 93–415, see part F (§11181 et seq.) of subchapter II of chapter 111 of Title 34, Crime Control and Law Enforcement.

A prior part G, consisting of sections 5667e to 5667e–8, related to mentoring, prior to repeal by Pub. L. 107–273, div. C, title II, §12210(1), Nov. 2, 2002, 116 Stat. 1880.

A prior part H, consisting of sections 5667f to 5667f–3, related to boot camps, prior to repeal by Pub. L. 107–273, div. C, title II, §12210(1), Nov. 2, 2002, 116 Stat. 1880.

A prior part I, consisting of sections 5667g to 5667g–5, authorized the president to call a National White House Conference on Juvenile Justice, prior to repeal by Pub. L. 107–273, div. C, title II, §12210(2), Nov. 2, 2002, 116 Stat. 1880.

Another prior part I of title II of Pub. L. 93–415 was redesignated part J for purposes of codification. See note below.

Part J, consisting of sections 5671 to 5676, was redesignated part F by Pub. L. 107–273, div. C, title II, §12210(3), Nov. 2, 2002, 116 Stat. 1880, prior to editorial reclassification as part F of subchapter II of chapter 111 of Title 34.
**EXHIBIT 31.2**

 

**CERTIFICATION PURSUANT TO RULES 13a-14(a) AND15d-14(a) UNDER THE SECURITIES EXCHANGE ACT OF 1934 AS ADOPTED PURSUANT TOSECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Daniel K. Atler, certify that:

 

1. I have reviewed this Quarterly Report on Form 10-Q of IkanosCommunications, Inc. (the “Company”);

 

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

 

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

 

4. The Company’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) and have:

 

a. Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the Company, including itsconsolidated 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 andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

 

c. Disclosed in this report any change in the Company’s internalcontrol over financial reporting that occurred during the Company’s most recentfiscal quarter (the Company’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the Company’s internal control over financial reporting; and

 

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

 

a. All significant deficiencies and material weaknesses in the designor operation of internal controls over financial reporting which are reasonablylikely to adversely affect the Company’s ability to record, process, summarizeand report financial information; and

 

b. Any fraud, whether or not material, that involves management orother employees who have a significant role in the Company’s internal control overfinancial reporting.

 

Date: May 17, 2006

 
|   | /s/ DANIEL K. ATLER                        |   |
|--------|--------------------------------------------|--------|
|   | Daniel K. Atler                            |
|   | Vice President and Chief Financial Officer |

 

----
EXHIBIT 31.1

CERTIFICATION PURSUANT TO SECURITIES ACT RULES 13a-14(a) OR 15d-14(a)

I, Jon E. Kirchner, certify that:

1.     I
have reviewed this quarterly report on Form 10-Q of DTS, Inc.;

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 registrant as of, and for, the periods presented in this report;

4.     The
registrant'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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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



Date: August 9, 2010By:

/s/ JON E. KIRCHNER Jon E. Kirchner Chairman and Chief Executive Officer


---



QuickLinks
EX-10.2.2



 





EXHIBIT
10.2.2


AMENDMENT TO THE

CHEK, INC.

1999 STOCK OPTION PLAN




     The Chek, Inc. 1999 Stock Option Plan (the “Plan”) was adopted on December 1, 1999.
Unless otherwise defined herein, all capitalized terms shall have the meaning set forth in the
Plan.



     Section 5 of the Plan shall be amended in its entirety to read as follows:



     “5. Shares Available. The maximum number of shares of Common Stock which shall be
available for award of Stock Options (including incentive stock options) and Restricted Stock under
the Plan during its term shall not exceed 3,054, the maximum number of shares of Common Stock with
respect to which Stock Options and Restricted Stock may be granted to any individual Key Employee
during any calendar year shall not exceed 1,400; all subject to adjustment as provided in paragraph
12. Any shares of Common Stock related to Stock Options or Restricted Stock which terminate by
expiration, forfeiture, cancellation or otherwise without the issuance of such shares, are settled
in cash in lieu of Common Stock, shall not be available again for award under the Plan. Further,
if and to the extent permitted in accordance with paragraph 8(d), any shares of Common Stock are
used by a Participant for the full or partial payment to the Company of the purchase price of
shares of Common Stock upon exercise of a Stock Option, or for any withholding taxes due as a
result of such exercise, such shares shall again be available for award under the Plan. The shares
of Common Stock available for issuance under the Plan may be authorized and unissued shares or
treasury shares.”



	 	 	 
	Adopted by the Company’s Board of Directors:

	 	September 30, 2004
	Adopted by the Company’s Stockholders:

	 	September 30, 2004
§ 1212.13 Certification tests. ( a ) *General.* As explained in § 1212.11 of this subpart, certificates of compliance required by section 14(a) of the CPSA, 15 U.S.C. 2063(a), must be based on a reasonable testing program.
( b ) *Reasonable testing programs* — ( 1 ) *Requirements.* ( i ) A reasonable testing program for multi-purpose lighters is one that demonstrates with a high degree of assurance that all multi-purpose lighters manufactured for sale or distributed in commerce will meet the requirements of the standard, including the requirements of § 1212.3. Manufacturers and importers shall determine the types and frequency of testing for their own reasonable testing programs. A reasonable testing program should be sufficiently stringent that it will detect any variations in production or performance during the production interval that would cause any multi-purpose lighters to fail to meet the requirements of the standard.
( ii ) All reasonable testing programs shall include: ( A ) Qualification tests, which must be performed on surrogates of each model of multi-purpose lighter produced, or to be produced, to demonstrate that the product is capable of passing the tests prescribed by the standard (see § 1212.14) and
( B ) Production tests, which must be performed during appropriate production intervals as long as the product is being manufactured (see § 1212.16).
( iii ) Corrective action and/or additional testing must be performed whenever certification tests of samples of the product give results that do not provide a high degree of assurance that all multi-purpose lighters manufactured during the applicable production interval will pass the tests of the standard.
( 2 ) *Testing by third parties.* At the option of the manufacturer or importer, some or all of the testing of each multi-purpose lighter or multi-purpose lighter surrogate may be performed by a commercial testing laboratory or other third party. However, the manufacturer or importer must ensure that all certification testing has been properly performed with passing results and that all records of such tests are maintained in accordance with § 1212.17 of this subpart.
#### Peggy Sage, Inc., Appellant, v. Revlon Products Corporation, Respondent.

No opinion. Present — Glennon, J. P., Dore, Callahan, Yan Yoorhis and Shientag, JJ.
§ 1018.4 Applicability. ( a ) This part shall apply to all advisory committees (whether statutory or non-statutory) subject to the jurisdiction of the Commission. This part also shall apply to ad hoc advisory committees and non-Commission established advisory committees when they are performing advisory services for the Commission.
( b ) Nothing in this part shall apply to any of the following types of organizations: ( 1 ) Any local civic group whose primary function is that of rendering a public service with respect to a Federal program;
( 2 ) Any state or local government committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies;
( 3 ) Any committee whether advisory, interagency, or intraagency which is composed wholly of full-time officers or employees of the Federal Government;
( 4 ) Persons or organizations having contractual relationships with the Commission; and
( 5 ) Persons or organizations developing consumer product safety standards under section 7 of the Consumer Product Safety Act (15 U.S.C. 2056).
( c ) This part shall not apply to a committee or other group to the extent that it is specifically exempted by statute from the Federal Advisory Committee Act.
[41 FR 45882, Oct. 18, 1976, as amended at 46 FR 63248, Dec. 31, 1981]
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The Board of Directors

Endeavour International Corporation:

We consent to the incorporation by
reference in the registration statements on Forms S-3 (Nos. 333-118503, 333-124145, 333-130515, 333-132684, 333-139304, 333-149744) and Forms S-8 (Nos. 333-119577, 333-128692, 333-143794, 333-149743) of Endeavour International Corporation of our
reports dated March 13, 2009, with respect to the consolidated balance sheets of Endeavour International Corporation and subsidiaries as of December 31, 2008 and 2007, and the related consolidated statements of operations,
stockholders equity and comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2008, and the effectiveness of internal control over financial reporting as of December 31, 2008, which
reports appear in the December 31, 2008 annual report on Form 10-K of Endeavour International Corporation.

Effective January 1, 2007, the
Company changed its accounting for uncertain tax positions. Also, effective January 1, 2008, the Company changed its method of accounting and disclosures for fair value measurements and fair value reporting of financial assets and liabilities.



|              
|--------------
|/s/ KPMG LLP  
|Houston, Texas
|March 13, 2009
#### Herman Gluckman v. Sherman S. Krellberg, Individually and as Administrator of the Estate of Alfred S. Krellberg, Deceased, et al.

Motion for leave to appeal to the Court of Appeals denied, with $10 costs. Present — Peek, P. J., Dore, Cohn and Callahan, JJ. [See 281 App. Div. 880.]
Exhibit 32








Certification of Chief Executive Officer and Principal Financial Officer


Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





I,  Cyrus Boga, 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 on Form 10-Q for the quarterly period ended June 30, 2010 of Tremont Fair, Inc. 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Tremont Fair, Inc.





Date:  August 12, 2010





By:           /s/ Cyrus Boga


Cyrus Boga,


Chief Executive Officer
### §8104. Employee sanctions and remedies

Within 30 days after receiving notice from an employee of a conviction pursuant to section 8102(a)(1)(D)(ii) or 8103(a)(1)(D)(ii) of this title, a contractor or grantee shall—

(1) take appropriate personnel action against the employee, up to and including termination; or

(2) require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for those purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3830.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8104 | 41:703. | Pub. L. 100–690, title V, §5154, Nov. 18, 1988, 102 Stat. 4307. |

Section
### SUBCHAPTER IV—PRODUCTION OF SPECIAL NUCLEAR MATERIAL
#### § 1.25 Initiation of rulemaking proceedings—petitions.

Proceedings for the issuance, amendment, or repeal of rules issued pursuant to authorities other than Section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(1)(B)), including proceedings for exemption of products or classes of products from statutory requirements, may be commenced by the Commission upon its own initiative or pursuant to petition. Such petitions will be handled in the same manner and pursuant to the same procedures as prescribed in § 1.31 of this chapter.

[86 FR 59852, Oct. 29, 2021]
#### § 1018.29 Appeals under the Freedom of Information Act.

Appeals from the denial of access to advisory committee documents shall be considered in accordance with the Commission's Procedures for Disclosure or Production of Information under the Freedom of Information Act (16 CFR part 1015).
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Marco Community Bancorp, Inc. (the Company) on Form 10-Q for the period ended March 31, 2007
as filed with the Securities and Exchange Commission (the Report), I, Stephen A. McLaughlin, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as added by § 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 results of operations of the Company as of and for the period covered
by the Report.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |     |  |                                               
|------------------ |  | --- |  | ----------------------------------------------
|Date: May 14, 2007 |  | By: |  | /s/ Stephen A. McLaughlin                     
|                   |  |     |  | Stephen A. McLaughlin, Chief Executive Officer
Exhibit 32.1

Certification of Chief Executive and Chief Financial Officer of ADA-ES, Inc.
Pursuant to 18 U.S.C. Section 1350

In connection with the Quarterly Report on Form 10-Q of ADA-ES, Inc. (the
"Company") for the period ended September 30, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Michael D. Durham,
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:

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 Company.

/s/ Michael D. Durham
---------------------
Name: Michael D. Durham
Title: President
Date: November 7, 2006


In connection with the Quarterly Report on Form 10-Q of ADA-ES, Inc. (the
"Company") for the period ended September 30, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Mark H. McKinnies,
Chief 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, 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 Company.


/s/ Mark H. McKinnies
---------------------
Name: Mark H. McKinnies
Title: Senior VP & CFO
Date: November 7, 2006