alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 32.2CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

       In connection with the annual reportof CNB Corporation on Form 10-K for the period ending December 31, 2008 as filedwith the Securities and Exchange Commission on the date hereof, I, L. FordSanders, II, Executive Vice President and Chief Financial Officer of the CNBCorporation, certify to the best of my knowledge, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002that:

| 1.     | The  above-listed Form 10-K 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 above-listed Form 10-K fairly presents, in all  material respects, the financial condition and results of operations of the  Company. |

 
| Date:  March  10, 2009 | *L. Ford Sanders, II*             L. Ford  Sanders, II  Executive Vice President and  Chief Financial Officer |
|----------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                  |                                                                                                                                                                                |
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

No. 04

- 19

- 00065

- CV

IN RE Eugene Walter HAYENGA

and Cuatro T. Construction, Inc.

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Delivered and Filed: February 13, 2019

PETITION FOR WRIT OF MANDAMUS DISMISSED

Relators filed a n unopposed motion to dismiss their petition for writ of mandamus and

motion for emergency stay because the parties reached a settlement in this matter . We grant the

motion to di smiss and dismiss the petition for writ of mandamus. T he motion for emergency relief

is denied as moot.

PER CURIAM

1 This proceeding arises out of Cause No. 32595, styled Sarena A. Bautista v. Eugene Walter Hayenga and Cuatro T.

Constru c tion, Inc. , pe nding in the 63rd Judicial District Court, Val Verde County, Texas, the Honorable Enrique

Fernandez presiding.
#### PEOPLE ex rel. VICARY v. KILLIAN.

(Supreme Court, Appellate Division, First Department.

February 20, 1903.)

Proceeding by the people of the state of New York, on the relation of Elsie Vicary, against Frederick Killian.

No opinion. Motion granted, with $10 costs.
#### VOGEL v. HEMMING.

(Supreme Court, Appellate Term.

November 6, 1903.)

1. Landlord and Tenant—Action to Recover Rent—Direction oe Verdict.

A complaint alleged a contract for the letting of an apartment to defendant at a yearly rental of $780, payable in monthly installments. The answer denied every material allegation of the complaint, alleged a surrender by the tenant and acceptance by the landlord, fraud in the *pro*
      *474eurement of the contract, and eviction by the landlord. The only evidence on the trial was the contract, which provided for an annual rental of $1,140, payable in monthly installments. There was nothing to show what was due, except an allegation in the complaint which was denied by the answer, for which alleged sum, however, the court directed a verdict for plaintiff. Held error.

3. Same—Evidence—Admissibility.

In an action to recover rent, it was error to exclude testimony tending to show surrender to and acceptance by the landlord of the premises, and also tending to show fraud and eviction by the landlord; such defenses being pleaded by the tenant.

Appeal from City Court of New York.

Action by Max Vogel against Henry G. Hemming. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.

Argued before FREEDMAN, P. J., and BISCHOFF and BLANCHARD, JJ.

James, Schell & Elkus, for appellant.

C. D. Rogers, for respondent.

BLANCHARD, J.

The complaint alleged a written contract between plaintiff and defendant for the letting of an apartment to the defendant, and the nonpayment of the rent by him. The answer alleged a surrender by the tenant and acceptance by the landlord of the premises, fraud in the procurement of the contract, and eviction by the landlord. The only evidence in the case is the written contract or lease, which provides for the letting of the premises for the term of one year at an annual rent of $1,140, payable in equal monthly payments in advance, amounting to $95 per month. The complaint alleges that the plaintiff rented the premises to the defendant at the yearly rent of $780 per year, payable in monthly installments of $65. Every material allegation of the complaint was denied by the answer, and how, under the pleadings and the proof offered, the court could direct a verdict for the plaintiff in the sum of $152.10, does not appear, and there is nothing in the record to show, except an allegation of the complaint, which was denied by the answer, why that sum, rather than some other sum, was not due.

Upon the evidence in the case, the court erred in directing a verdict. The court also erred in excluding testimony tending to show surrender by the tenant and acceptance of the premises by the landlord, and also tending to show frauds and eviction. These principles are so well settled that no citation of authority is deemed to be necessary.

The judgment and order must be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.
### Stratigraphy and microfaunas of the Oquirrh Group in the southern East Tintic Mountains, Utah

By: H. T. MorrisRaymond C. DouglassRudolph W. Kopf

                            https://doi.org/10.3133/pp1025

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (pdf)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000760386
<NAME> WELLESLEY III-D 12/31/97

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         253,590
<SECURITIES>                                         0
<RECEIVABLES>                                   76,129
<ALLOWANCES>                                     9,806
<INVENTORY>                                          0
<CURRENT-ASSETS>                               337,206
<PP&E>                                       6,164,470
<DEPRECIATION>                               4,119,544
<TOTAL-ASSETS>                               2,382,132
<CURRENT-LIABILITIES>                          133,269
<BONDS>                                        858,642
<PREFERRED-MANDATORY>                        8,988,039
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (7,597,818)
<TOTAL-LIABILITY-AND-EQUITY>                 2,382,132
<SALES>                                      1,773,096
<TOTAL-REVENUES>                             1,834,911
<CGS>                                                0
<TOTAL-COSTS>                                  131,657
<OTHER-EXPENSES>                             1,273,945
<LOSS-PROVISION>                              (46,169)
<INTEREST-EXPENSE>                              74,095
<INCOME-PRETAX>                                401,383
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            401,383
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   401,383
<EPS-PRIMARY>                                    18.57
<EPS-DILUTED>                                        0


</TABLE>
# C_2008313EN.01002302.xml

| 6.12.2008 | EN | Official Journal of the European Union | C 313/23 |
| --- | --- | --- | --- |

6.12.2008

EN

Official Journal of the European Union

C 313/23

---

Judgment of the Court of First Instance of 15 October 2008 — Potamianos v Commission

(Case T-160/04) (1)

1

(Staff case - Temporary staff - Failure to renew a fixed-term contract)

(2008/C 313/41)

Language of the case: French

Parties

Applicant: Gerasimos Potamianos (Grimbergen, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: J. Currall and H. Tserepa-Lacombe, Agents)

Defendant:

Re:

Application for annulment of the decision of the authority authorised to conclude contracts of employment not to renew the applicant's contract as a member of the temporary staff.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mr Gerasimos Potamianos and the Commission to each bear their own costs. |
| --- | --- |

2.

Orders Mr Gerasimos Potamianos and the Commission to each bear their own costs.

---

(1)  OJ C 168, 26.6.2004.

1

---
Employees Subject to Employment Agreement



  
 EXHIBIT 10.6A 
  
 EMPLOYEES SUBJECT TO EMPLOYMENT AGREEMENTS 
  
 The Company has entered into employment agreements with certain executive officers. These agreements are identical except for the date of execution, the name and title of the particular officer involved, and that officer’s
minimum base salary. In July 1997, the Company entered into employment agreements with Michael Mack, Chief Executive Officer and President, David Qualls, Chief Financial Officer and Secretary, and Gregory Keller, Vice President of Operations. On
November 17, 1998 the Company entered into an employment agreement with Kenneth Keane, Vice President of Human Resources. On July 22, 2002, the Company entered into an employment agreement with Walter Carucci, Vice President of Development and
Construction. On September 3, 2002, the Company entered into an employment agreement with Lloyd Fritzmeier, Executive Vice President of Marketing. Under the respective employment agreements, the minimum base annual salary for Mr. Mack is $250,000,
for Mr. Qualls is $170,000, for Mr. Keller is $150,000, for Mr. Keane is $120,000, for Mr. Carucci is $160,000, and for Mr. Fritzmeier is $280,000.
EIA Facility Code Facility Name Boiler ID

6041 Spurlock 3

1 5/19/2010 12:11 5/19/2010

2 5/20/2010 6:44 5/20/2010

3 5/20/2010 10:26 5/20/2010

Run Number Test Start Date Test Start Time Test End Date
Measured Value 

(ppm) Basis (Wet or Dry) Test Method Used 

15:23 678 Dry Method 26A

9:56 1931 Dry Method 26A

13:39 1390 Dry Method 26A

Test End Time

Chlorine Emission Test Results
Data Flag (ADL, 

BDL, DDL)

Test Method 

Comments

2033.58 2700.55 10.9

2027.91 2721.38 10.9

2031.87 2710.13 10.9

Calculated 

Emission Rate 

(lb/mmBtu)

Steam Output 

(1000 lb/hr)

Total Heat 

Input 

(mmBtu/hr)

Flue Gas 

Moisture 

(%)
(SCFH)

Fuel Input 

Rate Fuel Type Units of Measure

12.92 4.43 37609404.48 166.89 235.38 bituminous KLB/HR

12.94 4.41 37899353.13 166.67 232.10 bituminous KLB/HR

12.90 4.46 37815674.83 167.35 229.04 bituminous KLB/HR

Flue Gas 

CO2 (%)

Flue Gas 

O2 (%)

Flue Gas 

Flow Rate 

(dscfm)

Flue Gas 

Temperature 

(F)

Fuel #1
Measurement 

Method

Fuel Input 

Rate Fuel Type Units of Measure

Measurement 

Method Fuel Input Rate Fuel Type Units of Measure

Fuel #2 Fuel #3
Measurement 

Method

Fuel Input 

Rate Fuel Type Units of Measure

Measurement 

Method

Other Supporting Information

Fuel #4
### §30145. Period of limitations

(a) No person shall be prosecuted, tried, or punished for any violation of subchapter I of this chapter, unless the indictment is found or the information is instituted within 5 years after the date of the violation.

(b) Notwithstanding any other provision of law—

(1) the period of limitations referred to in subsection (a) shall apply with respect to violations referred to in such subsection committed before, on, or after the effective date of this section; and

(2) no criminal proceeding shall be instituted against any person for any act or omission which was a violation of any provision of subchapter I of this chapter, as in effect on December 31, 1974, if such act or omission does not constitute a violation of any such provision, as amended by the Federal Election Campaign Act Amendments of 1974.

Nothing in this subsection shall affect any proceeding pending in any court of the United States on January 1, 1975.

(Pub. L. 92–225, title IV, §406, as added Pub. L. 93–443, title III, §302, Oct. 15, 1974, 88 Stat. 1289; amended Pub. L. 94–283, title I, §115(f), May 11, 1976, 90 Stat. 496; Pub. L. 107–155, title III, §313(a), Mar. 27, 2002, 116 Stat. 106.)

#### **Editorial Notes**

#### References in Text

The Federal Election Campaign Act Amendments of 1974, referred to in subsec. (b)(2), is Pub. L. 93–433, Oct. 15, 1974, 88 Stat. 1263. For complete classification of this Act to the Code, see Tables.

#### Codification

Section was formerly classified to section 455 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

#### Amendments

2002—Subsec. (a). Pub. L. 107–155 substituted "5 years" for "3 years".

1976—Subsec. (a). Pub. L. 94–283, §115(f)(1), struck out references to sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18.

Subsec. (b)(2). Pub. L. 94–283, §115(f)(2), struck out references to sections 608, 610, 611, and 613 of title 18.

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

#### Effective Date of 2002 Amendment

Pub. L. 107–155, title III, §313(b), Mar. 27, 2002, 116 Stat. 106, provided that: "The amendment made by this section [amending this section] shall apply to violations occurring on or after the effective date of this Act [for general effective date of Pub. L. 107–155, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title]."

#### Effective Date

Section effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of this title.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

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 Devcon International Corp. (the Company) on Form 10-Q for the period ending June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, George Hare, 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; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the report fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                             
|--------------------- |  | --------------------------------------------
|Date: August 14, 2006 |  | /s/ George Hare                             
|                      |  | George Hare                                 
|                      |  | Chief Financial Officer                     
|                      |  | (Principal Financial and Accounting Officer)

Note: This certification is being furnished, not filed, as exhibit 32.2
# C_2008128EN.01003201.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 128/32 |
| --- | --- | --- | --- |

24.5.2008

EN

Official Journal of the European Union

C 128/32

---

Judgment of the Court of First Instance (First Chamber) of 16 April 2008 — Michail v Commission

(Case T-486/04) (1)

1

(Staff Case - Officials - Acton for annulment - Duty to provide assistance - Mental harassment)

(2008/C 128/68)

Language of the case: French

Parties

Applicant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: G. Berscheid and H Tserepa-Lacombe, agents, assisted initially by V. Kasparian, lawyer, then by I. Antypas, lawyer))

Defendant:

Re:

Action for annulment of the implied decision of 20 March 2004 by the Commission rejecting an application for assistance made by the applicant under Article 24 of the Staff Regulations.

Operative part of the judgment

The Court:

| 1. | dismisses the action; |
| --- | --- |

1.

dismisses the action;

| 2. | orders Mr Christos Michail to bear one half of his costs; |
| --- | --- |

2.

orders Mr Christos Michail to bear one half of his costs;

| 3. | orders the Commission to bear its own costs and to pay one half of the costs of Mr Michail. |
| --- | --- |

3.

orders the Commission to bear its own costs and to pay one half of the costs of Mr Michail.

---

(1)  OJ C 57, 5.3.2008.

1

---
#### § 881.12 Civil rights.

State or local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or pursuant to the regulations of the Department of the Interior entitled “Nondiscrimination in Federally-assisted Programs of the Department of the Interior—Effectuation of Title VI of the Civil Rights Act of 1964” (43 CFR part 17) and shall give assurances of compliance in such forms as may be required by the Director.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-41458 Summary Calendar

CLIFTON DALE PHILLIPS, Plaintiff-Appellant,

versus GERALD GARRETT, Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:99-CV-226

-------------------- October 24, 2000 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.

PER CURIAM: * Clifton Dale Phillips, Texas prisoner # 601560, appeals the district court’s dismissal of his 42 U.S.C. § 1983 civil rights action against Gerald Garrett as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Phillips argues that the district court erred in dismissing his § 1983 action as not timely filed within the applicable two-year limitations period. He argues that his complaint filed on September 28, 1999, was timely filed within two years of two incidents in 1998 and 1999 in which the Parole Board considered an offense of which he was acquitted. He arguesNo. 99-41458 -2- that the Parole Board’s consideration of the offense of which he was acquitted violated his constitutional rights. Even if the district court may have erred in dismissing Phillips’ § 1983 action as untimely, the district court’s judgment may be affirmed on the alternative ground that Phillips’ allegations, that the Parole Board considered unreliable or false information in making a parole determination, do not state a federal constitutional violation. See Johnson v. Rodriguez , 110 F.3d 299, 308-09 (5th Cir. 1997); see also Sojourner T v. Edwards , 974 F.2d 27, 30 (5th Cir. 1992) (court may affirm district court’s judgment on any ground supported by the record). Phillips has filed a motion for appointment of counsel. Because Phillips’ pleadings in the district court and on appeal indicate that he is capable of representing himself adequately and because this case does not present “exceptional circumstances” warranting appointment of counsel, Phillips’ motion for appointment of counsel is DENIED. See Cooper v. Sheriff, Lubbock County, Tex. , 929 F.2d 1078, 1084 (5th Cir. 1991).
AFFIRMED; MOTION FOR APPOINTMENT OF COUNSEL DENIED.
### §100502. General management plans

General management plans for the preservation and use of each System unit, including areas within the national capital area, shall be prepared and revised in a timely manner by the Director. On January 1 of each year, the Secretary shall submit to Congress a list indicating the current status of completion or revision of general management plans for each System unit. General management plans for each System unit shall include—

(1) measures for the preservation of the area's resources;

(2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems, and modes) associated with public enjoyment and use of the area, including general locations, timing of implementation, and anticipated costs;

(3) identification of and implementation commitments for visitor carrying capacities for all areas of the System unit; and

(4) indications of potential modifications to the external boundaries of the System unit, and the reasons for the modifications.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3098.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 100502 | 16 U.S.C. 1a–7(b). | Pub. L. 91–383, §12, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 95–625, title VI, §604(3), (4), Nov. 10, 1978, 92 Stat. 3518, 3519; Pub. L. 103–437, §6(c), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 105–391, title IV, §415(b)(2), Nov. 13, 1998, 112 Stat. 3515. |

Section