alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER PURSUANT TO 18 U.S.C.
      SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
      OF
      2002**







I,
      Adam R. Cegielski, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
      Report of GoldMountain Exploration Corporation on Form 10-QSB for the fiscal
      quarter ended June 30, 2007 fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
      contained in such Form 10-QSB fairly presents in all material respects the
      financial condition and results of operations of GoldMountain Exploration
      Corporation.





Date:
      August 20, 2007





By:
      /s/ Adam R. Cegielski


Adam
      R.
      Cegielski,


Chief
      Executive Officer and


Principal
      Financial Officer
**
**Exhibit 31.2**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Edward Gilpin, Chief Financial Officer, Secretary and Treasurer of the Portman Ridge Finance Corporation certify that: 

 
1.
I have reviewed this annual report on Form 10-K/A for the year endedDecember 31, 2018 of Portman Ridge Finance Corporation; and 

 
2.
Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state amaterial 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. 

Date: April 30, 2019 

 

/s/ Edward Gilpin

Edward Gilpin

Chief Financial Officer,

Secretary and Treasurer

(Principal FinancialOfficer)
**
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1110

STEVEN ELLER,

Plaintiff - Appellant,

versus

RITA MARIANNI, INCORPORATED; RICHARD CHRIS

FAY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Thomas Rawles Jones, Jr.,

Magistrate Judge. (1:06-cv-00623-TRJ)

Submitted: November 28, 2007 Decided: December 12, 2007

Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terrell N. Roberts, III, ROBERTS & WOOD, Riverdale, Maryland, for

Appellant. C. Jay Robbins, IV, MIDKIFF, MUNCIE & ROSS, P.C.,

Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
*

The case was tried before a magistrate judge pursuant to 28

U.S.C. § 636(c) (2000).

- 2 -

PER CURIAM:

Steven Eller appeals from the magistrate judge’s orders

denying his request for a jury trial and entering judgment in favor

of the Defendants on his civil diversity action.*

 We have reviewed

the record included on appeal, including the magistrate judge’s

opinion and the parties’ briefs, and find no reversible error.

Accordingly, we affirm for the reasons stated by the magistrate

judge. See Eller v. Rita Marianni, Inc., No. 1:06-cv-00623-TRJ

(E.D. Va. filed Jan. 5, 2007 & entered Jan. 8, 2007). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
Case 3:20-cv-04698-TKW-HTC Document 1-7 Filed 03/11/20 Page 1 of 2
Case 3:20-cv-04698-TKW-HTC Document 1-7 Filed 03/11/20 Page 2 of 2
§ 3430.805 Funding restrictions. ( a ) Prohibition against construction. Grant funds awarded under this authority may not be used for the renovation or refurbishment of research, education, or extension space; the purchase or installation of fixed equipment in such space; or the planning, repair, rehabilitation, acquisition, or construction of buildings or facilities.
( b ) Prohibition on tuition remission. Tuition remission, on-campus room and board, academic fees or other financial assistance (scholarships or fellowships) are not allowed.
( c ) Promotional items (*e.g.,* T-shirts and other giveaways) and food functions (*e.g.,* cookouts or other social or meal gatherings) are considered `entertainment' expenses, and are, therefore, also not allowed under this grants program.
EXHIBIT 11

UNITIL CORPORATION AND SUBSIDIARY COMPANIES

COMPUTATION OF EARNINGS PER AVERAGE COMMON SHARE
OUTSTANDING

(Millions, except for per share data)

(UNAUDITED)



|                                                                       |  |                             |       |      |   |      
|---------------------------------------------------------------------- |  | --------------------------- | ----- | ---- | - | -----
|                                                                       |  | Three Months EndedMarch 31,
|                                                                       |  | 2008                        |       | 2007
|Net Income                                                             |  | $                           | 3.3   |      | $ | 2.6  
|Less: Dividend Requirements on Preferred Stock                         |  |                             |      |      |   |     
|                                                                       |  |                             |       |      |   |      
|Net Income Applicable to Common Stock                                  |  | $                           | 3.3   |      | $ | 2.6  
|                                                                       |  |                             |       |      |   |      
|                                                                       |  |                            
|Weighted Average Number of Common Shares Outstanding  Basic (000s)   |  |                             | 5,719 |      |   | 5,627
|                                                                       |  |                            
|Dilutive Effect of Stock Options and Restricted Stock (000s)          |  |                             | 5     |      |   | 17   
|                                                                       |  |                            
|Weighted Average Number of Common Shares Outstanding  Diluted (000s) |  |                             | 5,724 |      |   | 5,644
|                                                                       |  |                            
|Earnings Per Share  Basic                                             |  | $                           | 0.57  |      | $ | 0.46 
|                                                                       |  |                            
|Earnings Per Share  Diluted                                           |  | $                           | 0.57  |      | $ | 0.46
#### AMERICAN CEREAL CO., Respondent, v. SCHERL, Appellant.

(Supreme Court, Appellate Division, Second Department.

October 12, 1906.)

Action by the American Cereal Company against Henry Scherl.

No opinion. Order herein made on the 4th day of June, 1906, modified, so far as to permit the appellant to perfect his appeal, and to place the case on the next calendar of this court for argument. In the event of failure so to do, motion denied, with costs.
AGREEMENT OF LIMITED PARTNERSHIP

OF CASCADE JOINT VENTURE, L.P.

 

This Agreement is made and entered into on this 24th day of February, 1999, by and between James R. Hoyt and Secured Investment Resources Fund, L.P., a Kansas limited partnership (collectively the “General Partners”) and Secured Investment Resources Fund, L.P., a Kansas limited partnership (“Limited Partner’). The General Partners and Limited Partner may be referred to collectively as the “Partners”.

 

**WITNESSETH**

 

**WHEREAS**, the partners desire to form a Limited Partnership under the Kansas Revised Uniform Limited Partnership Act known as Cascade Joint Venture, L.P., to hold and manage a single income-producing apartment complex known as Cascade Apartments located in the city of Topeka, county of Shawnee, state of Kansas (hereinafter the “Property”).

 

**NOW, THEREFORE**, in consideration of the premises and the terms and conditions hereinafter set forth, the parties hereto agree as follows:

 

A. Name, Place of Business. Registered Office and Registered Agent

 

|   | 1. | Name. The name of the Partnership is Cascade Joint Venture, L.P., or such other name as the General Partners shall hereafter designate in writing to the Limited Partners. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | 2. | Place of Business. T he Partnership’s principal place of business is 5453 West 61st Place, Mission, Kansas 66205, or such other place or places as the General Partners may hereafter determine. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

3.        Registered Office and Agent. The Partnership’s registered office shall be 5453 West 61st Place, Mission, Kansas 66205 and the name of the registered agent at such address is James R. Hoyt.

 

B. Business and Purpose.

 

 

----
I 

109TH CONGRESS 

2D SESSION S. 2363 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2006 

Referred to the Committee on Education and the Workforce 

AN ACT 

To extend the educational flexibility program under section 

4 of the Education Flexibility Partnership Act of 1999. 

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


rwilkins on PROD1PC63 with BILLS
2 

S 2363 RFH 

1 SECTION 1. EDUCATIONAL FLEXIBILITY PROGRAM EXTEN2 SION. 

3 (a) EXTENSION AUTHORITY.—Notwithstanding any 

4 other provision of law, the Secretary of Education is au5 thorized to carry out the educational flexibility program 

6 under section 4 of the Education Flexibility Partnership 

7 Act of 1999 (20 U.S.C. 5891b), until the date of enact8 ment of an Act that reauthorizes programs under part A 

9 of title I of the Elementary and Secondary Education Act 

10 of 1965 (20 U.S.C. 6311 et seq.), for any State that was 

11 an Ed-Flex Partnership State on September 30, 2004. 

12 (b) DESIGNATION.— 

13 (1) IN GENERAL.—Any designation of a State 

14 as an Ed-Flex Partnership State that was in effect 

15 on September 30, 2004, shall be extended until the 

16 date of enactment of an Act that reauthorizes pro17 grams under part A of title I of the Elementary and 

18 Secondary Education Act of 1965, if the Secretary 

19 of Education makes the determination described in 

20 paragraph (2). 

21 (2) DETERMINATION.—The determination re22 ferred to in paragraph (1) is a determination that 

23 the performance of the State educational agency, in 

24 carrying out the programs for which the State has 


rwilkins on PROD1PC63 with BILLS
3 

S 2363 RFH 

1 received a waiver under the educational flexibility 

2 program, justifies the extension of the designation. 

Passed the Senate March 2, 2006. 

Attest: EMILY J. REYNOLDS, 

Secretary. 


rwilkins on PROD1PC63 with BILLS
22.1603 Exceptions.       (a) 						            The requirements of this subpart do not apply to-                                                         (1) 								                Contracts under the simplified acquisition threshold;                                                            (2) 								                Subcontracts of $10,000 or less; and                                                            (3) 								                Contracts or subcontracts for work performed exclusively outside the United States.                                                                             (b) 						            Exemptions granted by the Secretary.                                                         (1) 								                If the Secretary finds that the requirements of the Executive Order impair the ability of the Government to procure goods and services on an economical and efficient basis or if special circumstances require an exemption in order to serve the national interest, the Secretary may exempt a contracting department or agency, or groups of departments or agencies, from the requirements of any or all of the provisions of this Executive Order with respect to a particular contract or subcontract, or any class of contracts or subcontracts, including the requirement to include the clause at 52.222-40, or parts of that clause, in contracts.                                                            (2) 								                Requests for exemptions may be submitted in accordance with Department of Labor regulations at 29 CFR 471.3.    **Parent topic:** Subpart 22.16 - Notification of Employee Rights Under the National Labor Relations Act
Exhibit 32.2

Certification Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)

I, Mark Feuerbach,
certify that:

1. the accompanying Quarterly Report on Form 10-Q for the period ended June 30, 2009 (the Report), fully
complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

2.
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Innophos, Inc. at the dates and for the periods indicated.

A signed original of this written statement required by Section 906 has been provided Innophos, Inc. and will be retained by Innophos, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

The undersigned expressly disclaims any obligation to
update the foregoing certification except as required by law.

Date: August 6, 2009



/s/ MARK FEUERBACHMark Feuerbach Vice President and Chief Financial Officer (Principal Financial Officer)


The foregoing certification is being furnished solely pursuant to the requirements of 18
U.S.C. § 1350 and is not being filed as a part of the Report or as a separate disclosure document.
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-50888

Summary Calendar

 

SCOTT K. SINKS,

Petitioner-Appellee,

versus

J. SLADE, Warden, FCI La Tuna,

Respondent-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-97-CV-116-F

- - - - - - - - - -

November 27, 1998

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM:*

Respondent appeals the district court’s grant of an

application for writ of habeas corpus filed by Scott K. Sinks,

federal prisoner # 19753-009. Sinks had applied for the writ on

the ground that the Bureau of Prisons (BOP) had erroneously

classified his drug conviction as a crime of violence and therefore

had determined that he was ineligible for early release pursuant to

18 U.S.C. § 3621(e)(2)(B). See BOP Program Statement No. 5612.02,

Section 9. The district court granted the writ, holding that the
No. 97-50888

- 2 -

BOP had misapplied § 3621(e)(2)(B) when it took into consideration

Sinks’ sentencing enhancement for possession of a firearm during

the commission of the offense.

After the district court reached its decision, this court

squarely addressed the issue in Venegas v. Henman, 126 F.3d 760,

761-65 (5th Cir. 1997), cert. denied, 118 S. Ct. 1679 (1998). The

court held that the BOP’s exclusion from eligibility for early

release of prisoners with drug convictions who had received

enhanced sentences for possession of a weapon, “is consistent with

the letter and spirit of the Bureau’s authority as derived from

section 3621(e).” Id. at 765.

Sinks argues that this court’s decision in Venegas is

incorrect. However, only an “overriding Supreme Court decision,”

a change in statutory law, or this court sitting en banc may

overrule a panel decision. See United States v. Zuniga-Salinas,

952 F.2d 876, 877 (5th Cir. 1992) (en banc). In light of the

court’s decision in Venegas, the judgment of the district court is

REVERSED and the case REMANDED.

Sinks’ motion for appointment of counsel and for oral argument

is DENIED.

REVERSED AND REMANDED; MOTION DENIED.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

v. CASE NO. 4:96-cr-00036-MP-CAS

EDDIE LEE GORDON, 

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Doc. 225, Report and Recommendation of the

Magistrate Judge, recommending that this successive application under § 2255 be summarily

denied because Mr. Gordon did not, before filing his application in the district court, obtain an

order of the Eleventh Circuit Court of Appeals authorizing the district court to consider the

application. In his amended objection, Docs. 226 and 227, Mr. Gordon requests that this Court

simply forward his application to the Eleventh Circuit Court of Appeals as his motion for prior

authorization. The Court declines to do so, as the plain language of 28 U.S.C. § 2244(b)(3) is

mandatory that the applicant "shall" obtain approval "before" filing the § 2255 application in the

district court:

Before a second or successive application permitted by this section is filed in the

district court, the applicant shall move in the appropriate court of appeals for an

order authorizing the district court to consider the application.
Page 2 of 2

Therefore, it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is accepted and

incorporated herein.

2. The application under 28 U.S.C. § 2255 is summarily dismissed as an

unauthorized successive application.

DONE AND ORDERED this 21st day of August, 2013

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case No: 4:96-cr-00036-MP-CAS
Exhibit
      34 e)





HLB
      Gross
      Collins, P.C.





Certified
      Public Accountants and Consultants





INDEPENDENT
      ACCOUNTANT'S REPORT





To
      the
      Board of Directors of


OfficeTiger
      Global Real Estate Services, Inc.


Atlanta,
      GA





We
      have
      examined the Credit Risk Manager (CRM) Reports prepared by OfficeTiger Global
      Real Estate Services,
      Inc. (OfficeTiger) for year ended December 31, 2006. OfficeTiger prepared these
      reports as required
      per the following trust Agreements:





Trust
      Agreement Dated 6/1/06 for Mortgage Pass-Through Certificates Series
      2006-FF10


Trust
      Agreement Dated 8/1/06 for Mortgage Pass-Through Certificates Series
      2006-FF12


Trust
      Agreement Dated 9/1/06 for Mortgage Pass-Through Certificates Series
      2006-FF14


Trust
      Agreement Dated 10/1/06 for Mortgage Pass-Through Certificates Series
      2006-FF15


Trust
      Agreement Dated 11/1/06 for Mortgage Pass-Through Certificates Series 2006-FF17
      *





*
      Revised
      February 23, 2007 by Lehman Brothers outside council





OfficeTiger
      Company's management is responsible for the preparation and distribution of
      the
      Credit Risk Manager
      (CRM) Reports. Our responsibility is to express an opinion based on our
      examination.





Our
      examination was conducted in accordance with attestation standards established
      by the American Institute
      of Certified Public Accountants and the Public Company Accounting Oversight
      Board (PCAOB) and,
      accordingly, included examining, on a test basis, evidence supporting the proper
      compliance with the relevant
      servicing criteria and the proper preparation and distribution of the Credit
      Risk Manager (CRM) Reports
      prepared by OfficeTiger, and performing such other procedures as we considered
      necessary in the circumstances.
      We believe that our examination provides a reasonable basis for our
      opinion.





In
      our
      opinion, the reports referred to above present fairly, in all material respects,
      compliance with the relevant
      servicing criteria and the proper preparation and distribution of the Credit
      Risk Manager (CRM) Reports
      prepared by OfficeTiger for year ended December 31, 2006 based on the criteria
      contained in the five
      Trust Agreements referenced above and the applicable service criteria set forth
      in section 1122(d)(3)(i) of
      Regulation AB.





/s/
      HLB
      Gross Collins, P.C.





Atlanta,
      Georgia


February
      26, 2007
Editorial Note on Part 3402
Editorial Note: Nomenclature changes to part 3402 appear at 76 FR 4807, Jan. 27, 2011.

§ 3402.2 Definitions. As used in this part: *Citizen or national of the United States* means— ( 1 ) A citizen or native resident of a State; or,
( 2 ) A person defined in the Immigration and Nationality Act, 8 U.S.C. 1101(a)(22), who, though not a citizen of the United States, owes permanent allegiance to the United States.
*College and university* means an educational institution in any State which— ( 1 ) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate,
( 2 ) Is legally authorized within such State to provide a program of education beyond secondary education,
( 3 ) Provides an educational program for which a bachelor's degree or any other higher degree is awarded,
( 4 ) Is a public or other nonprofit institution, and
( 5 ) Is accredited by a nationally recognized accrediting agency or association.
*Food and agricultural sciences* means basic, applied, and developmental research, extension, and teaching activities in the food, agricultural, renewable natural resources, forestry, and physical and social sciences in the broadest sense of these terms including but not limited to research, extension and teaching activities concerned with the production, processing, marketing, distribution, conservation, consumption, research, and development of food and agriculturally related products and services, inclusive of programs in agriculture, natural resources, aquaculture, forestry, veterinary medicine, home economics, rural development, and closely allied fields.
*Graduate degree* means a master's or doctoral degree.
*State* means any one of the fifty States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Marianas, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, the Virgin Islands of the United States, and the District of Columbia.
*Teaching activities* means formal classroom instruction, laboratory instruction, and practicum experience specific to the food and agricultural sciences and matters relating thereto conducted by colleges and universities offering baccalaureate or higher degrees.
#### § 3570.300 OMB control number.

The reporting and recordkeeping requirements contained in this regulation have been submitted to the Office of Management and Budget (OMB) for approval.