alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Charlene J. Evans, Appellant.

Appeal from a judgment of the County Court of Albany County, rendered November 15, 1976, convicting defendant upon her plea of guilty of the crime of rape in the first degree. Defendant pleaded guilty to an accusation of rape in the first degree in satisfaction of an indictment charging her with that offense as well as the crimes of first degree sodomy, unlawful imprisonment and second degree assault. Her contention on appeal that she could not properly be convicted of that crime is wholly without merit. The indictment alleged that she and another had intentionally aided a male codefendant in having sexual intercourse with the female victim by forcible compulsion. Defendant admitted her participation in the incident before her guilty plea was accepted. Essentially, this involvement consisted of beating and holding the victim down while the male codefendant had intercourse with her. That being the case, defendant’s liability for the conduct of her associates stands adequately established (Penal Law, § 20.00) and the fact that she is legally incapable of committing such an offense in her individual capacity has no effect on these proceedings (Penal Law, § 130.35, subd 1; § 20.05, subd 3; see *People v Merfert,*87 Mise 2d 803; *People v Reilly,*85 Mise 2d 702, 708-710). Defendant was sentenced to an indeterminate period of imprisonment with a minimum term of *8V3*and a maximum term of 25 years (Penal Law, § 70.00, subd 2, par [b]; subd 3, par [b]). Her remaining argument that the sentence was unduly harsh and excessive is, under the circumstances of this case, without merit *(People v Frisbee,*55 AD2d 996; *People v Dittmar,*41 AD2d 788; *People v Caputo,*13 AD2d 861). Judgment affirmed. Greenblott, J. P., Sweeney, Kane, Mahoney and Main, JJ., concur.
Exhibit 32.2



CERTIFICATION OF 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, J. Keith Kitchen, Chief Accounting Officer of Intellisync Corporation (the
Company), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| |  | the Quarterly Report on Form 10-Q/A of the Company for the quarter ended October 31, 2003, as filed with the Securities and Exchange Commission (the Report), fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | - | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



Dated: March 19, 2004



|                                                                                          
|------------------------------------------------------------------------------------------
|                                                                                          
|/s/ J. KEITH KITCHEN                                                                      
|                                                                                          
|J. Keith Kitchen Vice President of Finance
and Administration and Chief Accounting Officer
Exhibit 32.2

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

In connection  with the Quarterly  Report of Advanced Optics  Electronics,  Inc.
(the  "Company") on Form 10-QSB for the three months ended September 30, 2006 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, John Cousins,  Chief Financial  Officer of the Company,  certify,
pursuant  to 18 U.S.C.  ss.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 results of operations of
         the Company.


                                                         /s/ John Cousins
                                                         -----------------------
                                                         Chief Financial Officer
                                                         November 16, 2006



A signed  original of this written  statement  required by Section 906, an 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.
<PAGE>

                                                                   EXHIBIT 31.1


                                CEO CERTIFICATION

I, R. Greg Smith, certify that:


1. I have reviewed this Form 10-QSB/A of ERF Wireless, 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 small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) 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 small business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer'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 small business issuer'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 small business issuer's internal
control over financial reporting.


Date: October 14, 2005


By:  /s/ R. Greg Smith
     -----------------
     R. Greg Smith
     Chief Executive Officer
     (Principal Executive Officer)
### §5714–1. Transferred

#### **Editorial Notes**

#### Codification

Section 5714–1 was editorially reclassified as section 11221 of Title 34, Crime Control and Law Enforcement.

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

#### Study of Housing Services and Strategies

Pub. L. 108–96, title I, §119, Oct. 10, 2003, 117 Stat. 1170, provided that the Secretary of Health and Human Services was to conduct a study of programs funded under part B of the Runaway and Homeless Youth Act (42 U.S.C. 5714–1 et seq.) to report on long-term housing outcomes for youth after exiting the program.
#### Richard Vogel et al., Respondents, v. Howard E. Schenck et al., Appellants, et al., Defendant.

Order entered on April 14, 1960, insofar as it denied appellants’ motion to dismiss the amended complaint for legal insufficiency, unanimously reversed, on the law, with $20 costs and disbursements to appellants, the motion granted, and the amended complaint dismissed, with $10 costs, without prejudice to the commencement of any other action which respondents deem advisable. The Certificate of Public Convenience and Necessity and the Contract Carrier Permit are not “merchandise” or “fixtures” within the meaning of those terms as used in section 44 of the Personal Property Law (Bulk Sales Act). Moreover, although such certificates and permits may be assignable under conditions prescribed by the issuing authorities, they are neither goods nor chattels nor are they other personal property expressly declared by law to be subject to levy by virtue of execution within section 679 of the Civil Practice Act. 'Concur — Breitel, J. P., Rabin, Valente, Stevens and Eager, JJ.
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

1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MALTZ ASSOCIATES,

Plaintiff(s),

v.

HEWITT ASSOCIATES,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

No. C08-4626 VRW (BZ)

FIRST DISCOVERY ORDER

The pending discovery disputes have been reassigned to

me. IT IS ORDERED as follows:

1. The parties are to jointly select up to five of the

disputed e-mails which they deem to be representative of the

remaining e-mails and submit them to the Court by 4:00 p.m.,

Monday, January 11, 2010 for in camera review. 

2. If the parties are unable to agree, plaintiff shall

designate three e-mails by noon on Monday, January 11, 2010

and defendant shall submit those three together with three of

its own choosing by the deadline.

3. A conference is scheduled for Wednesday, January 13,

2010, at 9:00 a.m. in Courtroom G, 15th Floor, Federal

Case 3:08-cv-04626-VRW Document 98 Filed 01/08/10 Page 1 of 2
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

2

Building, 450 Golden Gate Avenue, San Francisco, California

94102. 

Dated: January 8, 2010

 Bernard Zimmerman 

 United States Magistrate Judge

G:\BZALL\-REFS\MALTZ V. HEWITT\DISC ORD 1.wpd

Case 3:08-cv-04626-VRW Document 98 Filed 01/08/10 Page 2 of 2
Exhibit 10.1


 


FIRST AMENDMENT


TO THE


 ATLANTIC SOUTHERN BANK (f/k/a
NEW SOUTHERN BANK)


SALARY CONTINUATION AGREEMENT


DATED DECEMBER 15, 2005


FOR


MORRIS A. STEVENS


 


THIS
FIRST AMENDMENT is adopted this
         day of
                                ,
20    , by and between ATLANTIC SOUTHERN BANK (f/k/a New
Southern Bank), a state-chartered commercial bank located in Macon, Georgia
(the “Company”), and Morris A. Stevens (the “Executive”).


 


The
Company and the Executive executed the Salary Continuation Agreement on December 15,
2005 (the “Agreement”).


 


The
undersigned hereby amend the Agreement for the purpose of changing the
respective benefit amounts due upon Separation from Service or death to be Zero
Dollars ($0.00).  Pursuant to Section 7.1
of the Agreement, the parties mutually agree to this amendment and no further
consideration shall be exchanged by the parties in lieu of the benefits
voluntarily relinquished by the Executive hereunder.


 


Therefore,
the following changes shall be made:


 


Sections 2.1.1, 2.2.1, 2.3.1, 2.4.1, 2.5.1 and 3.1.1 of the Agreement
shall be deleted in their entirety and replaced by the following:


 


2.1.1                     Amount of Benefit.  The annual benefit under this Section 2.1
is Zero Dollars ($0.00).


 


2.2.1                     Amount
of Benefit.  The annual
benefit under this Section 2.2 is Zero Dollars ($0.00).


 


2.3.1                     Amount of Benefit.  The annual benefit under this Section 2.3
is Zero Dollars ($0.00).


 


2.4.1                     Amount of Benefit.  The annual benefit under this Section 2.4
is Zero Dollars ($0.00).


 


2.5.1                     Amount of Benefit.  The annual benefit under this Section 2.4
is Zero Dollars ($0.00).


 


3.1.1                     Amount of Benefit.  The benefit under this Section 3.1 is
Zero Dollars ($0.00).


 


Schedule A shall be deleted in its entirety.


 

















 


IN WITNESS OF THE ABOVE, the Company and the
Executive hereby consent to this First Amendment.


 


	
  Executive:

  	
   

  	
  Company:

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  ATLANTIC SOUTHERN BANK

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By

  	
   

  
	
  Morris
  A. Stevens

  	
   

  	
  Title
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2675 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2675

               To suspend temporarily the duty on TMC114.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

   Mr. Holt introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
               To suspend temporarily the duty on TMC114.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TMC114.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.33.41       3-[4-              Free         No change        No change        On or before 12/  ''.
                         Aminobenzensulfon                                                  31/2008
                         yl)isobutylamino]-
                         1-benzyl-2-
                         hydroxypropyl]car
                         bamic acid,
                         hexahydrofuro[2,3-
                         b]furan-3-yl
                         ester ethanolate
                         (CAS No. 206361-
                         99-1) (provided
                         for in subheading
                         2932.99.61)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
### §6243. Records and accounts

#### (a) Preparation and maintenance

The Secretary may require any person to prepare and maintain such records or accounts as the Secretary, by rule, determines necessary to carry out the purposes of this part.

#### (b) Audit of operations of storage facility

The Secretary may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part.

#### (c) Access to and inspection of records or accounts and storage facilities

The Secretary may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part.

(Pub. L. 94–163, title I, §163, Dec. 22, 1975, 89 Stat. 889; Pub. L. 95–619, title VI, §691(b)(2), Nov. 9, 1978, 92 Stat. 3288.)

#### **Editorial Notes**

#### Amendments

1978—Pub. L. 95–619 substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration, wherever appearing.
#### (A) Joseph S. Resnick et al., Plaintiffs, v. Harry Beckerman et al., Defendants. (Action No. 1.) Harry Beckerman, Plaintiff, v. Joseph Resnick et al., Defendants. (Action No. 2.) (B) R. E. Maynder Inc., Respondent, v. State of New York, Appellant.

[In each action] Appeals dismissed, without costs unless appellants shall file and serve records, briefs and notes of issue for the September 1962 Term on or before August 1, 1962, in which event motions denied.
EXHIBIT 32.1

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


In connection with the Quarterly Report of MemberWorks Incorporated (the
"Company") on Form 10-Q for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gary A.
Johnson, President, Chief Executive Officer and Director of the Company,
certify, to my knowledge, 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 and 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.



/s/ Gary A. Johnson
Gary A. Johnson
President, Chief Executive Officer and Director
MemberWorks Incorporated
May 14, 2004


A signed original 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.



<PAGE>

                                                                   EXHIBIT 32.2

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


In connection with the Quarterly Report of MemberWorks Incorporated (the
"Company") on Form 10-Q for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
B. Duffy, Executive Vice President and Chief Financial Officer of the Company,
certify, to my knowledge, 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 and 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.



/s/ James B. Duffy
James B. Duffy
Executive Vice President and Chief Financial Officer
MemberWorks Incorporated
May 14, 2004





A signed original 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.
FORM 13F COVER PAGE

Report for the Calendar Year or Quarter Ended: September 30,2003

Check here if Amendment [   ]; Amendment Number:
This Amendment (Check only one.):  [   ] is a restatement.
                                   [   ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:    Continental Casualty Company
Address: CNA Plaza
	 Chicago, IL 60685


13F File Number:  28-387

The institutional investment manager filing this report and the
person by whom it is signed hereby represent that the person
signing the report is authorized to submit it, that all
information contained herein is true, correct, and complete, and
that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of
this form.


Person Signing this Report on Behalf of Reporting Manager:

Name:  Lynne Gugenheim
Title: Senior Vice President and Deputy General Counsel
Phone: (312) 822 4921
Signature, Place, and Date of Signing:
November 14,2003
Chicago, Illinois,60685
I AM SIGNING THIS REPORT AS REQUIRED BY THE SECURITIES EXCHANGE
ACT OF 1934

Report Type (Check only one.):

 [    ]              13F HOLDINGS REPORT.

 [  x ]              13F NOTICE.

 [    ]              13F COMBINATION REPORT.

List of Other Managers Reporting for this Manager:

The securities on which Continental Casualty Company exercises
shared investment discretion have been reported upon by CNA
Financial Corporation on behalf of Continental Casualty Company.
<Page>