alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32

 (a) Certification of Quarterly Report by Chief Executive Officer.

                            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 Quarterly Report of GraphOn Corporation (the
"Company") on Form 10-Q for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Dilworth, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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.

                                             /s/ Robert Dilworth
                                             -------------------
                                             Robert Dilworth
                                             Chief Executive Officer
                                             May 23, 2005



<PAGE>


(b) Certification of Quarterly Report by Chief Financial Officer.


                            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 Quarterly Report of GraphOn Corporation (the
"Company") on Form 10-Q for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
Swain, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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.

                                             /s/ William Swain
                                             -----------------
                                             William Swain
                                             Chief Financial Officer
                                             May 23, 2005
(No. 86-CV-0322

#### *In re*Application of Alberta Williams.

*Order filed May 15, 1987.*

Alberta Williams, *pro se,*for Claimant.

*322Neil F. Hartigan, Attorney General (Sallie Manley, Assistant Attorney General, of counsel), for Respondent.

Per Curiam.

This claim was brought by Alberta Williams, mother of Joe Henry Williams, pursuant to the Crime Victims Compensation Act (Ill. Rev. Stat. 1981, ch. 70, par. 71 *et seq.)*for funeral expenses incurred as a result of the death of Joe Henry Williams on August 30, 1985. The immediate cause of death was a stab wound of the chest.

The Chicago police initially arrested Clifford Willis for investigation with regard to Joe Henry Williams’ death. He was later released without any charges being filed against him.

Section 6.1(f) of the Crime Victims’ Compensation Act states that a person in the position of Mrs. Williams is not entitled to compensation if the death of the victim was substantially attributable to the victim’s own wrongful act and was substantially provoked by the victim. See *Marchetti v. State*(1980), 33 Ill. Ct. Cl. 433.

The evidence shows that the victim and Willis were in an automobile belonging to Willis when they began to argue and Williams began to beat Willis. Willis was knocked to the ground outside the car whereupon *323Williams pulled out a knife but did not use it. Minutes later, Willis was again attacked by Williams but this time took the knife away from Williams and stabbed him once. The evidence shows both men had been drinking prior to the incident. Claimant, Alberta Williams, was not a witness to the altercation.

It is the opinion of the Court that Joe Henry Williams was the instigator in this incident which led to his own demise. Willis acted in self-defense and therefore this claim should be denied.

This claim is hereby denied.
### §669. Repealed. Pub. L. 97–375, title I, §111(e), Dec. 21, 1982, 96 Stat. 1821

Section, Pub. L. 91–663, §10, Jan. 8, 1971, 84 Stat. 1978; Pub. L. 96–470, title I, §112(h), Oct. 19, 1980, 94 Stat. 2240, directed the Secretary to make a report to the President and Congress on financial condition of each railroad except Central Railroad Company of New Jersey and Penn Central Transportation Company, having a loan guaranteed under this chapter ninety days after the making of such guarantee and annually thereafter throughout existence of such loan.
#### § 239.16 Governing law.

The Guarantee shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United States Government.
### §6631. Establishment of Committee

The President shall establish within the Executive Office of the President a President's Committee on Science and Technology (hereinafter referred to as the "Committee").

(Pub. L. 94–282, title III, §301, May 11, 1976, 90 Stat. 468.)

#### **Executive Documents**

#### Abolition of President's Committee on Science and Technology; Transfer of Functions

The President's Committee on Science and Technology, established pursuant to this subchapter, was abolished and its functions transferred to the President, by Reorg. Plan No. 1 of 1977, §5A, 42 F.R. 56101, 91 Stat. 1634, set out in the Appendix to Title 5, Government Organization and Employees, effective Feb. 26, 1978, as provided by section 1(b) of Ex. Ord. No. 12039, Feb. 24, 1978, 43 F.R. 8095, set out under section 6601 of this title.
### §1324. Certain enforcement relief

#### (a) Enforcement actions

The Secretary of Transportation, with respect to any provision of section 1321 or 1322 of this title, and any person who suffers direct and substantial economic injury as a result of an alleged violation by the Corporation, with respect to the provisions of section 1321(a)(1) and (2) 1 of this title, and section 1322 of this title, may bring an action to require compliance with such provision.

#### (b) Special court

Any action brought under this subchapter shall be brought before the special court established under section 719 of this title. Such special court may limit the enforcement of a restriction under section 1321 of this title, if the effect of such restriction would be to substantially impair the continued viability of the Corporation.

(Pub. L. 99–509, title IV, §4025, Oct. 21, 1986, 100 Stat. 1905.)

#### **Editorial Notes**

#### References in Text

Section 1321(a)(2) of this title, referred to in subsec. (a), was repealed by Pub. L. 101–213, §2(b)(3), Dec. 11, 1989, 103 Stat. 1843.

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

#### Abolition of Special Court, Regional Rail Reorganization Act of 1973, and Transfer of Functions

Special court abolished and all jurisdiction and functions transferred to United States District Court for District of Columbia, see section 719(b)(2) of this title.

1 See References in Text note below.
### §647. Grant extended to desert lands within part of former Ute Indian Reservation in Colorado

The provisions of sections 641, 642 and 643 1 of this title are extended over and shall apply to the desert lands within the limits of all that portion of the former Ute Indian Reservation, not included in any national forest, in the State of Colorado, described and embraced in the Act entitled "An Act relating to lands in Colorado lately occupied by the Uncompahgre and White River Ute Indians," approved July 28, 1882: Provided, That before a patent shall issue for any of the lands aforesaid under the terms of the said sections the State of Colorado shall pay into the Treasury of the United States the sum of $1.25 per acre for the lands so patented, and the money so paid shall be subject to the provisions of section 3 of the Act of June 15, 1880, entitled "An Act to accept and ratify the agreements submitted by the confederated bands of Ute Indians in Colorado for the sale of their reservation in said State, and for other purposes, and to make the necessary appropriation for carrying out same."

No lands shall be included in any tract to be segregated under the provisions of this section on which the United States Government has valuable improvements, or which have been reserved for any Indian schools or farm purposes.

(Feb. 24, 1909, ch. 178, §§1, 2, 35 Stat. 644, 645.)

#### **Editorial Notes**

#### References in Text

Section 643 of this title, referred to in text, was repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.

Act approved July 28, 1882, referred to in text, is act July 28, 1882, ch. 357, 22 Stat. 178, which is not classified to the Code.

Section 3 of the Act of June 15, 1880, referred to in text, is section 3 of act June 15, 1880, ch. 223, 21 Stat. 199, which is not classified to the Code.

1 See References in Text note below.
#### § 241.1050 Method of loan payment.

The loan shall provide for monthly payments on the first day of each month on account of interest and principal and shall provide for payments in accordance with the amortization plan as agreed upon by the borrower, the lender, and the Commissioner.
I 

109TH CONGRESS 

1ST SESSION H. R. 3231 

To extend the temporary suspension of duty on DMDS. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 12, 2005 

Mr. BUYER introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To extend the temporary suspension of duty on DMDS. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DMDS. 

4 (a) IN GENERAL.—Heading 9902.33.92 of the Har5 monized Tariff Schedule of the United States (relating to 

6 2,2-Dithiobis(8-fluoro-5-methoxy)-1,2,4-triazolo[1,5-c] py7 rimidine) is amended by striking ‘‘12/31/2006’’ and insert8 ing ‘‘12/31/2008’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) applies to goods entered, or withdrawn from 
2 

•HR 3231 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Solo Cup Company (the Company) on Form 10-K for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Robert L. Hulseman, as Chief Executive Officer of the Company, 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:



| | (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/ Robert L. Hulseman 
|Robert L. Hulseman     
|Chief Executive Officer
|March 11, 2005         



4
#### § 27.113 Foreclosure costs.

A commission may be allowed to the foreclosure commissioner notwithstanding termination of the sale or appointment of a substitute commissioner before the sale takes place.
### §§616 to 616f. Omitted

#### **Editorial Notes**

#### Codification

Section 616, Pub. L. 87–590, §1, Aug. 16, 1962, 76 Stat. 389; Pub. L. 111–11, title IX, §9115(a), Mar. 30, 2009, 123 Stat. 1320, authorized construction, operation, and maintenance of Fryingpan-Arkansas project, Colorado.

Section 616a, Pub. L. 87–590, §2, Aug. 16, 1962, 76 Stat. 390; Pub. L. 111–11, title IX, §9115(b), Mar. 30, 2009, 123 Stat. 1321, related to repayment of projects costs and determination of interest rates.

Section 616b, Pub. L. 87–590, §3, Aug. 16, 1962, 76 Stat. 391, related to operation of this project and protection of rights of western Colorado water users.

Section 616c, Pub. L. 87–590, §4, Aug. 16, 1962, 76 Stat. 391; Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, related to construction, operation, and maintenance of public recreation facilities on lands within this project and conservation and development of fish and wildlife.

Section 616d, Pub. L. 87–590, §5, Aug. 16, 1962, 76 Stat. 392, provided use of water through works constructed pursuant to sections 616 to 616f of this title be subject to Colorado River compact, Upper Colorado River Basin compact, Boulder Canyon Project Act (43 U.S.C. 617 et seq.), Boulder Canton Project Adjustment Act (43 U.S.C. 618 et seq.), Colorado River Storage Project Act (43 U.S.C. 620 et seq.), and Mexican Water Treaty (Treaty Series 994) and for enforcement of compliance with these compacts, statutes and treaty.

Section 616e, Pub. L. 87–590, §6, Aug. 16, 1962, 76 Stat. 393, related to studies of quality of waters of Colorado River system and reports to Congress on results of these studies.

Section 616f, Pub. L. 87–590, §7, Aug. 16, 1962, 76 Stat. 393; Pub. L. 93–493, title XI, §1101, Oct. 27, 1974, 88 Stat. 1497; Pub. L. 111–11, title IX, §9115(c), Mar. 30, 2009, 123 Stat. 1321, authorized appropriations for this project.
### §620n. Water quality study and reports

The Secretary of the Interior is directed to continue studies and to make a report to the Congress and to the States of the Colorado River Basin on the quality of water of the Colorado River.

(Apr. 11, 1956, ch. 203, §15, 70 Stat. 111.)
Exhibit 11

<TABLE>
                                               METRIS COMPANIES INC. AND SUBSIDIARIES
                                                 Computation of Earnings Per Share

In thousands, except per-share amounts                                          Three Months Ended March 31,
                                                                                      2001        2000
BASIC:

<S>                                                                                  <C>         <C>
Net income applicable to common stockholders .................................       $33,143     $42,360
                                                                                     =======     =======

Weighted average number of common shares outstanding .........................        62,303      57,963

Net income per share .........................................................       $  0.53     $  0.73

DILUTED:

Net income applicable to common stockholders (1) .............................       $41,546     $49,958
                                                                                     =======     =======


Weighted average number of common shares outstanding .........................        62,303      57,963
Net effect of assumed exercise of stock options based on treasury stock method
     using average market price ..............................................         1,785       3,532
Assumed conversion of convertible preferred stock ............................        34,357      29,163
                                                                                     -------     -------
                                                                                      98,445      90,658
                                                                                     =======     =======

Net income per share .........................................................       $  0.42     $  0.55

</TABLE>

(1)  For the three months ended March 31, 2001 and 2000, diluted earnings
     per share is calculated by adding back the Series C convertible preferred
     dividend of $8.4 million and $7.6 million, respectively. In determining the
     number of dilutive shares outstanding for the three month periods ended
     March 31, 2001 and 2000, the Series C convertible preferred stock is
     assumed to have been converted into 34.4 million and 29.2 million shares,
     respectively, at the beginning of the periods.
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>             DEC-31-2000
<PERIOD-END>                  MAR-31-2000
<CASH>                                382
<SECURITIES>                            0
<RECEIVABLES>                          49
<ALLOWANCES>                            0
<INVENTORY>                             0
<CURRENT-ASSETS>                      431
<PP&E>                                 52
<DEPRECIATION>                         24
<TOTAL-ASSETS>                     10,107
<CURRENT-LIABILITIES>                 725
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             1
<COMMON>                               10
<OTHER-SE>                        (9,377)
<TOTAL-LIABILITY-AND-EQUITY>     (10,107)
<SALES>                                19
<TOTAL-REVENUES>                        0
<CGS>                                   0
<TOTAL-COSTS>                       1,561
<OTHER-EXPENSES>                      261
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                      0
<INCOME-PRETAX>                   (1,803)
<INCOME-TAX>                            0
<INCOME-CONTINUING>               (1,803)
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                      (1,803)
<EPS-BASIC>                         (.23)
<EPS-DILUTED>                       (.23)



</TABLE>
### **[CHAPTER 555—TRANSFERRED]**

#### **Editorial Notes**

#### Codification

Pub. L. 117–81, div. C, title XXXV, §3512(a)(1), (3), Dec. 27, 2021, 135 Stat. 2239, renumbered this chapter as chapter 504 and transferred it to appear after chapter 503 of this title and renumbered sections 55501 and 55502 as sections 50401 and 50402 of this title, respectively.
### §3509. Designation of central collection agency

The Director may designate a central collection agency to obtain information for two or more agencies if the Director determines that the needs of such agencies for information will be adequately served by a single collection agency, and such sharing of data is not inconsistent with applicable law. In such cases the Director shall prescribe (with reference to the collection of information) the duties and functions of the collection agency so designated and of the agencies for which it is to act as agent (including reimbursement for costs). While the designation is in effect, an agency covered by the designation may not obtain for itself information for the agency which is the duty of the collection agency to obtain. The Director may modify the designation from time to time as circumstances require. The authority to designate under this section is subject to the provisions of section 3507(f) of this subchapter.

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 180; amended Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3509, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2821, related to designation of central collection agency prior to the general amendment of this chapter by Pub. L. 104–13.

Another prior section 3509, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1304, related to plans or forms for collecting information, submission to Director, and his approval, prior to the general amendment of this chapter by Pub. L. 96–511.

#### Amendments

2000—Pub. L. 106–398 substituted "subchapter" for "chapter".

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

#### Effective Date of 2000 Amendment

Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.

#### Effective Date

Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

PATRICIA ELIZABETH NOSIE,

 Plaintiff - Appellant,

 v.

ASSOCIATION OF FLIGHT

ATTENDANTS-CWA, AFL-CIO,

 Defendant - Appellee.

No. 10-17871

D.C. No. 1:10-cv-00062-ACKLEK

MEMORANDUM*

Appeal from the United States District Court

for the District of Hawaii

Alan C. Kay, District Judge, Presiding

Submitted April 17, 2012** 

Before: LEAVY, PAEZ, and BEA, Circuit Judges. 

Patricia Elizabeth Nosie appeals pro se from the district court’s judgment

dismissing her action alleging discrimination and violation of the duty of fair

representation by her former union. We have jurisdiction under 28 U.S.C. § 1291. 

FILED

APR 26 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-17871

We review de novo, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.

2004), and we affirm.

The district court properly dismissed Nosie’s discrimination claims because

Nosie failed to allege facts sufficient to show that she “was singled out and treated

less favorably than others similarly situated on account of” her sex, race, color or

age. Beck v. United Food & Commercial Workers Union, Local 99, 506 F.3d 874,

882 (9th Cir. 2007) (citation and internal quotation marks omitted) (setting forth

prima facie case for a Title VII discrimination claim against a union); see also

Shelley v. Geren, 666 F.3d 599, 607-08 (9th Cir. 2012) (applying Title VII analysis

to claims under the Age Discrimination in Employment Act).

The district court properly dismissed Nosie’s fair representation claims as

time-barred because Nosie did not file her action within six months of learning that

her former union would pursue her grievance no further. See Stallcop v. Kaiser

Found. Hosps., 820 F.2d 1044, 1049 (9th Cir. 1987) (plaintiff’s fair representation

claim was time-barred because she did not file her action within six months of

receiving the union’s letter notifying her it would pursue her grievance no further);

Kelly v. Burlington N. R.R. Co., 896 F.2d 1194, 1197 (9th Cir. 1990) (six-month

statute of limitations applies to fair representation claims brought against unions

covered by the Railway Labor Act). 
3 10-17871

Nosie’s remaining contentions are unpersuasive.

AFFIRMED.
#### § 203.346 Postponement of foreclosure—mortgagors in military service.

If at any time during default the mortgagor is a “Person in military service,” as such term is defined in the Soldiers' and Sailors' Civil Relief Act of 1940, the period during which the mortgagor is in such service shall be excluded in computing the period within which the mortgagee shall commence foreclosure or acquire the property by other means as provided in § 203.355 of this subpart. No postponement or delay in the prosecution of foreclosure proceedings during the period the mortgagor is in such military service shall be construed as failure on the part of the mortgagee to exercise reasonable diligence in prosecuting such proceedings to completion as required by this subpart.

[36 FR 24508, Dec. 22, 1971, as amended at 61 FR 36265, July 9, 1996]