alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United
States Code), each of the undersigned officers of American Tire Distributors Holdings, Inc., a Delaware corporation (the Company), hereby certifies that, to his best knowledge:



| | (a) | the Quarterly Report on Form 10-Q for the quarter ended October 3, 2009 (the Report) of the Company fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                         |  |  |  |     |  |                      |  |                                                       
|------------------------ |  |  |  | --- |  | -------------------- |  | ------------------------------------------------------
|Dated: November 17, 2009 |  |  |  | By: |  | /s/ WILLIAM E. BERRY
|                         |  |  |  |     |  | Name:Title:          |  | William E. Berry President and
Chief Executive Officer
|                         |  |  | 
|                         |  |  |  | By: |  | /s/ DAVID L. DYCKMAN
|                         |  |  |  |     |  | Name:                |  | David L. Dyckman                                      
|                         |  |  |  |     |  | Title:               |  | Executive Vice President and Chief Financial Officer
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 1944

In re: BRETT

- ANDREW: HOUSE OF NELSON , Petitioner

.

On Petition for Writ of Mandamus

. ( 1:21

- cv - 01292

- MGL )

Submitted : December 21 , 2021 Decided: December 22, 2021

Before KING and QUATTLEBAUM , Circuit Judges , and TRAXLER, Senior Circuit Judge.

Petition denied by un published per curiam opinion

.

Brett

- Andrew: House of Nelson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Brett

- Andrew : House of Nelson petitions for a writ of mandamus seeking an order directing the district court to confirm a purported arbitration award. We conclude that Nelson is not entitled to mandamus rel ief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct. , 542 U.S. 367, 380 (2004); In re Murphy

- Brown,
LLC , 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only wh en the petitioner has a clear right to the relief sought and “has no other adequate means to attain the relief [he] desires,” Murphy

- Brown , 907 F.3d at 795 (alteration and internal quotation marks omitted), and mandamus may not be used as a substitute for appeal , In re Lockheed Martin Corp. , 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Nelson is not available by way of mandamus. Accordingly, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsAsymptotic boundary conditions for dissipative waves: General theoryAn outstanding issue in the computational analysis of time dependent problems is the imposition of appropriate radiation boundary conditions at artificial boundaries. Accurate conditions are developed which are based on the asymptotic analysis of wave propagation over long ranges. Employing the method of steepest descents, dominant wave groups are identified and simple approximations to the dispersion relation are considered in order to derive local boundary operators. The existence of a small number of dominant wave groups may be expected for systems with dissipation. Estimates of the error as a function of domain size are derived under general hypotheses, leading to convergence results. Some practical aspects of the numerical construction of the asymptotic boundary operators are also discussed.Document ID19900009611Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsHagstrom, Thomas*(State Univ. of New York Stony Brook., United States)*Date AcquiredSeptember 6, 2013Publication DateJanuary 1, 1990Subject CategoryNumerical AnalysisReport/Patent NumberNAS 1.15:102497NASA-TM-102497ICOMP-90-02E-5291Accession Number90N18927Funding Number(s)PROJECT: RTOP 505-62-21CONTRACT_GRANT: NSF DMS-89-05314CONTRACT_GRANT: NASA ORDER C-99066-GDistribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19900009611.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
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Title: Traveltime data for Truckee River between Tahoe City, California, and Marble

Bluff Dam near Nixon, Nevada, 1999

Author(s): Crompton, E.J. and Bohman, L.R.

Publishing Organization: U.S. Geological Survey

Publication Series and Number: Open-File Report OF-2000-363

Publication Date: 2000

Map Scale: 1:909,000

Cross Section: None

Northernmost Latitude: 39°51'40"N (39.8610)

Southernmost Latitude: 39° 9' 0"N (39.1500)

Easternmost Longitude: 119°15' 0"W (-119.2500)

Westernmost Longitude: 120°15' 0"W (-120.2500)

Publication Format: Digital and Paper

Online:

 View the publication from the USGS Publications Warehouse

This Product Is Available, Please note the

publication series and number, and then

contact: U.S. Geological Survey

Postal Address:

USGS Information Services

Box 25286

Denver, CO 80225

Voice Telephone: (303) 202-4700 or 1-888-ASK-USGS

Facsimile Telephone: (303) 202-4693

If any fields in this record

contain errors, please send us

your

Has this record

been

U.S. Department of the Interior, U.S. Geological Survey, Reston, VA, USA

URL https://ngmdb.usgs.gov/ngmdb/ngm_catalog.ora.html

Database project personnel.

Last modified: 31-Oct-2011

Product Description Page http://ngmdb.usgs.gov/Prodesc/proddesc_34046.htm

1 of 1 10/31/2011 2:15 PM
Editorial Note on Part 3405
Editorial Note: Nomenclature changes to part 3405 appear at 76 FR 4808, Jan. 27, 2011.

§ 3405.20 Other Federal statutes and regulations that apply. ( a ) The Office of Management and Budget (“OMB”) issued guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 on December 26, 2013. In 2 CFR 400.1, the Department adopted OMB's guidance in subparts A through F of 2 CFR part 200, as supplemented by 2 CFR part 400, as the Department's policies and procedures for uniform administrative requirements, cost principles, and audit requirements for federal awards. As a result, this regulation contains references to 2 CFR part 200 as it has regulatory effect for the Department's programs and activities.”
( b ) Several other Federal statutes and/or regulations apply to grant proposals considered for review or to research project grants awarded under this part. These include but are not limited to:
2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 2 CFR part 180 and Part 417—OMB Guidelines to Agencies on Government-Wide Debarment and Suspension (Nonprocurement) and USDA Nonprocurement Debarment and Suspension 7 CFR part 1c—USDA Implementation of the Federal Policy for the Protection of Human Subjects. 7 CFR 1.1—USDA Implementation of Freedom of Information Act. 7 CFR part 3—USDA Implementation of OMB Circular A-129 Regarding Debt Collection. 7 CFR part 15, subpart A—USDA Implementation of Title VI of the Civil Rights Act of 1964. 7 CFR part 3407—NIFA Procedures To Implement The National Environmental Policy Act; 29 U.S.C. 794 (section 504, Rehabilitation Act of 1973) and 7 CFR part 15B (USDA implementation of statute)—prohibiting discrimination based upon physical or mental handicap in Federally assisted programs; and 35 U.S.C. 200 *et seq.*—Bayh-Dole Act, controlling allocation of rights to inventions made by employees of small business firms and domestic nonprofit organizations, including universities, in Federally assisted programs (implementing regulations are contained in 37 CFR part 401).
[79 FR 75999, Dec. 19, 2014]
#### § 29.6025 Lot.

A pile, basket, bulk, package, or other definite unit.
ALEXANDER KENT,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-3482

_____________________________/

Opinion filed October 2, 2015.

An appeal from the Circuit Court for Santa Rosa County.

John L. Miller, Judge.

Alexander Kent, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

BENTON, OSTERHAUS, and BILBREY, JJ., CONCUR.
§ 301.74-2 Regulated articles. ( a ) The Administrator has determined that certain articles present a risk of spreading plum pox. A list of all such articles is found on the internet at *www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox .* Lists of all regulated articles may also be obtained by request from any local Plant Protection and Quarantine (PPQ) office; local offices are listed in telephone directories and on the internet at *www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd .* ( 1 ) If the Administrator determines that an article not already listed at *www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox* presents a risk of spreading plum pox, APHIS will publish a notice in the Federal Register proposing to designate the article as a regulated article for plum pox. The notice will provide the basis for this determination, and will request public comment.
( 2 ) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register designating the article as a regulated article for plum pox and listing it.
( b ) An inspector may designate any other product or article as a regulated article, if the inspector determines it to present a risk of spreading plum pox, and after the inspector notifies the person in possession of the product or article that it is subject to the restrictions in this subpart.
[87 FR 80008, Dec. 29, 2022]
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Exhibit 10.39  


 
 

Summary of Compensation Arrangements
  Applicable to Non-Employee Directors of Overstock.com, Inc.    
    


        Overstock.com, Inc. (the "Company") reimburses its non-employee directors for out-of-pocket expenses incurred in
connection with attending Board and committee meetings. Prior to the third quarter of 2004, the Company did not pay any of its non-employee directors any other cash amounts. Beginning in
the third quarter of 2004, the Company began paying its non-employee directors $20,000 annually at the rate of $5,000 per quarter. 



        The
Company maintains its 2002 Stock Option Plan, as amended, under which the Board of Directors has the power to grant options and other awards to members of the Board. No options or
other awards have been made during 2005 to any non-employee member of the Board. During 2004 the Board granted options to non-employee directors as follows: 



	Name
 
	 	Grant Date
	 	Exercise Price ($)
	 	Number of

Options Granted

	John J. Byrne	 	May 21, 2004	 	31.13	 	5,000
	Gordon Macklin	 	January 23, 2004

May 21, 2004	 	18.58

31.13	 	10,000

5,000
	Allison Abraham	 	January 23, 2004

May 21, 2004	 	18.58

31.13	 	10,000

5,000
	John Fisher	 	January 23, 2004

May 21, 2004	 	18.58

31.13	 	10,000

5,000














QuickLinks


Summary of Compensation Arrangements Applicable to Non-Employee Directors of Overstock.com, Inc.
**EXHIBIT 31.2** **Certification    Pursuant to    Rule 13a-14(a)    of the Securities Exchange Act of 1934**     I, Christopher A. Black, certify that:     1. I have reviewed this quarterly report on    Form 10-Q    of American Commercial Lines 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 annual 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))    for the registrant and have:     (a) Designed such disclosure controls and procedures, or    caused such disclosures controls and procedures to be designed    under our supervision, to ensure that material information    relating to the registrant, 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 registrant’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    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over the financial reporting; and     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 the registrant’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    registrant’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    registrant’s internal control over financial reporting.     /s/  CHRISTOPHER A. BLACK    Christopher A. Black    Senior Vice President and    Chief Financial Officer     Date: May 11, 2006
Sanitized – Attachment 008 Page 1 of 5Sanitized – Attachment 008 Page 2 of 5Sanitized – Attachment 008 Page 3 of 5Sanitized – Attachment 008 Page 4 of 5Sanitized – Attachment 008 Page 5 of 5
#### §§ 205.673-205.679 [Reserved]
#### § 29.28 Interested party.

The owner or other financially interested person; including the warehouseman, commission merchant, association, and other person who has the tobacco in his custody for sale; the authorized agent of the owner; and persons to whom or by whom the tobacco has been sold on the basis of a certificate issued, or sample prepared, under the Act, but not including a person who is negotiating for its purchase.
119 So.2d 480

#### Peter SPINATO d/b/a El Morocco Bar & Lounge v. Lee G. LOWE, Collector of Revenue for the City of New Orleans and David R. McGuire, Jr., Chief Administrative Officer for the City of New Orleans.

No. 44789.

March 21, 1960.

Rehearing Denied April 25, 1960.

*605Richards & Scott, G. Harrison Scott, New Orleans, for applicant.

Alvin J. Liska, City Atty., David H. MacHauer, Asst. City Atty., New Orleans, for respondent.

VIOSCA, Justice.

Plaintiff brought suit seeking mandamus •ordering Lee G. Lowe, Collector of Revenue for the City of New Orleans, and David R. McGuire, Jr., Chief Administrative Officer for the City of New Orleans, to issue a city liquor permit for the year 1959. The district court gave judgment for the plaintiff ordering the defendants to issue a 1959 Alcoholic Beverage Permit. On appeal to the Court of Appeal this judgment was annulled and reversed and the plaintiff’s suit was dismissed at his cost. Upon application of plaintiff we granted a writ of certiorari and the matter is now submitted.

Since this is a mandamus proceeding by plaintiff to compel defendant to issue a liquor permit for the calendar year 1959 which has expired, the issue presented for determination has now become moot. In an identical situation presented to us in the case of Pellegrin v. City of Gretna, 222 La. 527, 528, 62 So.2d 824, we said:

> “Under the provisions of LSA-R.S. 26:71 the license has expired and the issues presented in this suit have become moot. We take judicial notice of the statutes of this state. Miller v. Molony, 157 La. 811, 103 So. 162. The record and the statute show that the question has now become moot and there is no longer any issue to be decided between the litigants. Therefore, this Court, on its own *motion,*will dismiss the proceedings. Doss v. Board of Commissioners, 117 La. 450, 41 So. 720; State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee, 123 La. 384, 48 So. 1005.”

In the present case it would serve no useful purpose for this Court to determine whether the plaintiff should have been issued a liquor permit for the year 1959 for any decree which this Court would render, if we were to find merit in plaintiff’s contentions, would be unenforceable. This Court will not render judgments which can*607not be made effective nor will we give opinions on moot questions or abstract propositions from which no practical results can follow. State v. Melerine, 238 La. 847, 116 So.2d 689; Navarre v. Lafayette Parish School Board, 226 La. 876, 77 So.2d 520; State ex rel. Jackson v. Madden, 225 La. 786, 74 So.2d 29; Jefferson 7th Ward Social Club v. Grevemberg, 225 La. 607, 73 So.2d 777, and the cases cited therein; Hirt v. City of New Orleans, 225 La. 589, 73 So.2d 471 and the cases cited therein.

For the reasons assigned the writ of certiorari issued herein is recalled and plaintiff’s suit is dismissed at his cost.
§ 2710.3 Indexes. ( a ) *Background.* 5 U.S.C. 552(a)(2) also required that each agency maintain and make available for public inspection and copying current indexes providing identifying information for the public with regard to any records which are made available for public inspection and copying.
( b ) *Procedure.* Persons wishing to get an index may contact the division or center that maintains the records. Publication of these indexes as a separate document is unnecessary and impractical.
Exhibit 99.1




				Exhibit 99(i)

		 	   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 Datascension Inc. (the "Company")
on  Form  10-KSB/A for the  year  ended  December 31, 2004  as  filed  with  the
Securities and Exchange Commission on the date  therein specified (the "Report")
"Report"), I, D. Scott Kincer, Chief Executive  Officer and Principal Accounting
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 to the best of
my knowledge:

         (1) The Report fully complies  with the requirements of  Section  13(a)
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/ D. Scott Kincer
                                     ------------------------------------------

                                    DAVID SCOTT KINCER, Chief Executive Officer
					and Principal Accounting Officer

Dated: February 8, 2006
<PAGE>

                         CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the following filings of
Interleaf, Inc. of our report dated May 13, 1998, with respect to the
consolidated financial statements and schedule of Interleaf, Inc. included in
the Annual Report (Form 10-K) for the year ended March 31, 1999: the
Registration Statement (Form S-2 No. 33-63785) and in the related Prospectus,
the Registration Statement (Form S-3 No. 33-03761) and in the related
Prospectus, the Registration Statements (Forms S-8, No. 33-8933,
No. 33-14529, No. 33-30218 and No. 33-59794) pertaining to the 1983 Stock
Option Plan, the Registration Statements (Forms S-8 No. 33-13249, No.
33-30219, No. 33-40663 and No. 33-69066) pertaining to the 1987 Employee
Stock Purchase Plan, the Registration Statement (Form S-8 No. 33-30220)
pertaining to the 1989 Director Stock Option Plan, the Registration
Statements (Forms S-8 No. 33-69068, No. 33-61051 and No. 33-38099) pertaining
to the 1993 Stock Option Plan, the Registration Statement (Form S-8 No.
33-80864) pertaining to the 1993 Director Stock Option Plan, the Registration
Statement (Forms S-8 No. 33-84214 and No. 33-38701) pertaining to the 1994
Employee Stock Option Plan, the Registration Statement (Form S-3
No. 33-38723) and in the related Prospectus, the Registration Statement
(Form S-3 No. 33-44133) and in the related Prospectus, the Registration
Statement (Form S-8 No. 33-56145), and in the related Prospectus, pertaining
to the 1997 Key Man Stock Option Plan and Agreement, the 1998 Key Man Stock
Option Plan and Agreement and the 1993 Stock Option Plan, the Registration
Statement (Form S-3 No. 333-69143) and in the related Prospectus, the
Registration Statement (Form S-3 No. 333-74625) and in the related
Prospectus, the Registration Statement (Forms S-3 No. 333-77907) and in the
related Prospectus and the Registration Statement (Form S-8 No. 333-77861)
pertaining to the 1998 Employee Stock Purchase Plan.


Ernst & Young LLP



Boston, Massachusetts
June 29, 1999