alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
32.2








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 Astea International Inc. (the “Company”) on
Form 10-K for the period ending December 31, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Rick Etskovitz,
Chief Financial Officer and Principal Financial and Chief Accounting Officer of
the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906
of the Sarbanes-Oxley Act of 2002, that:








(1)
            The
      Report fully complies with the requirements of section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and








(2)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.

















/s/Rick EtskovitzRick
      EtskovitzChief
      Financial Officer(Principal
      Financial and AccountingOfficer)April
      15, 2008
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NOT FOR PUBLICATION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

WILLIAM CAMERON,

 Plaintiff - Appellant,

 v.

ELIZABETH RANTZ; et al.,

 Defendants - Appellees.

No. 10-35563

D.C. No. 6:08-cv-00042-DWMRKS

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Donald W. Molloy, District Judge, Presiding

Submitted November 21, 2011** 

Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.

Montana state prisoner William Cameron appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate

indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.

FILED

NOV 23 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-35563

2004), and we affirm.

The district court properly granted summary judgment on the basis of

qualified immunity because Cameron failed to raise a genuine dispute of material

fact as to whether defendants were deliberately indifferent to his chronic

obstructive pulmonary disease and other serious medical needs. See Rodriguez v.

Maricopa Cnty. Cmty. Coll. Dist., 605 F.3d 703, 711 (9th Cir. 2010) (a defendant

is entitled to qualified immunity if there is no constitutional violation); Toguchi,

391 F.3d at 1056-60 (discussing deliberate indifference standard); see also Nelson

v. Pima Cmty. Coll., 83 F.3d 1075, 1081-82 (9th Cir. 1996) (“[M]ere allegation and

speculation do not create a factual dispute for purposes of summary judgment.”). 

Cameron’s appeal of the denial of his motions for preliminary injunctive

relief is moot. See Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1450

(9th Cir. 1992) (when underlying claims have been decided, the reversal of a denial

of preliminary injunction would have no practical consequences, and the issue is

therefore moot).

Cameron’s remaining contentions, including those concerning alleged

judicial bias and discovery matters, are unpersuasive. 

Cameron’s “request to include supplemental affidavit-declaration to
3 10-35563

Plaintiff’s oversized brief,” and the relief requested therein, filed on March 17,

2011, are denied.

AFFIRMED.
<TABLE> <S> <C>


<ARTICLE>                     9
<LEGEND>

               This schedule  contains summary financial  information  extracted
          from the balance sheet dated 12/31/97 and statement of income
          for the twelve months ended  12/31/97 and is qualified in its entirety
          by reference to such financial statements.
</LEGEND>
<CIK>                              0000945434
<NAME>                             BNCCORP, INC.
<MULTIPLIER>                       1000
<CURRENCY>                         U.S. DOLLARS

<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                  DEC-31-1997
<PERIOD-START>                     JAN-01-1997
<PERIOD-END>                       DEC-31-1997
<EXCHANGE-RATE>                    1
<CASH>                             13,058
<INT-BEARING-DEPOSITS>             2,231
<FED-FUNDS-SOLD>                   0
<TRADING-ASSETS>                   0
<INVESTMENTS-HELD-FOR-SALE>        94,624
<INVESTMENTS-CARRYING>             0
<INVESTMENTS-MARKET>               0
<LOANS>                            232,131
<ALLOWANCE>                        3,069
<TOTAL-ASSETS>                     360,121
<DEPOSITS>                         262,824
<SHORT-TERM>                       46,503
<LIABILITIES-OTHER>                4,708
<LONG-TERM>                        21,812
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<COMMON>                           23
<OTHER-SE>                         24,251
<TOTAL-LIABILITIES-AND-EQUITY>     360,121
<INTEREST-LOAN>                    22,003
<INTEREST-INVEST>                  4,231
<INTEREST-OTHER>                   307
<INTEREST-TOTAL>                   26,541
<INTEREST-DEPOSIT>                 11,282
<INTEREST-EXPENSE>                 13,915
<INTEREST-INCOME-NET>              12,626
<LOAN-LOSSES>                      2,619
<SECURITIES-GAINS>                 8
<EXPENSE-OTHER>                    9,894
<INCOME-PRETAX>                    2,556
<INCOME-PRE-EXTRAORDINARY>         1,512
<EXTRAORDINARY>                    0
<CHANGES>                          0
<NET-INCOME>                       1,512
<EPS-PRIMARY>                      .65
<EPS-DILUTED>                      .64
<YIELD-ACTUAL>                     9.06
<LOANS-NON>                        376
<LOANS-PAST>                       1,016
<LOANS-TROUBLED>                   104
<LOANS-PROBLEM>                    11,164
<ALLOWANCE-OPEN>                   1,594
<CHARGE-OFFS>                      1,921
<RECOVERIES>                       777
<ALLOWANCE-CLOSE>                  3,069
<ALLOWANCE-DOMESTIC>               2,282
<ALLOWANCE-FOREIGN>                0
<ALLOWANCE-UNALLOCATED>            787



</TABLE>
Incorporation by Reference 

Docket ID No. EPA-HQ-OAR-2007-0544

June 13, 2012

The contents of the following dockets are hereby incorporated by reference into and are 

considered to be included in, contained in, and to have been placed in Docket EPA-HQ-OAR2007-0544 (Pulp and Paper Sector Rule): 

1) A-92-40 (National Emission Standards for Hazardous Air Pollutants for Source 

Category: Pulp and Paper Production--Chemical Wood Pulping Mills (Kraft, Sulfite, 

Soda, and Semi-chemical))

2) A-95-31 (National Emission Standards for Hazardous Air Pollutants for Source 

Category: Pulp and Paper Production--Mechanical Mills, Secondary Fiber Mills, 

Nonwood Mills, and Paper Machines)

3) OAR-2003-0205 (Site-specific Rulemaking for Packaging Corporation of America's 

Pulp and Paper Mill Located in Tomahawk, Wisconsin; Pursuant to the Joint 

State/EPA Agreement to Pursue Regulatory Innovation) 

4) A-94-67 (National Emission Standards for Hazardous Air Pollutants for Chemical 

Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone 

Semichemical Pulp Mills)

5) OAR-2002-0045 (National Emission Standards for Hazardous Air Pollutants for 

Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone 

Semichemical Pulp Mills)

Accessing dockets: 

Publicly available docket materials are available either electronically through 

http://www.regulations.gov or in hard copy at EPA’s Docket Center, Public Reading Room, EPA 

West Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20004. This 

Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the 

telephone number for the Air Docket is (202) 566-1742.
EXHIBIT 99
----------




                       SECTION 906 CERTIFICATION
                       -------------------------



     The following statement is provided by the undersigned to accompany
the Quarterly Report on Form 10-Q for the quarter ended March 31, 2003,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be
deemed filed pursuant to any provision of the Securities Exchange Act of
1934 or any other securities law:

     Each of the undersigned certifies that the foregoing Report on
Form 10-Q fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of ARVIDA/JMB PARTNERS, L.P.




                                       /s/   Gary Nickele
                                       ------------------------------
                                       Gary Nickele
                                       Chief Executive Officer




                                       /s/   Gailen J. Hull
                                       ------------------------------
                                       Gailen J. Hull
                                       Chief Financial Officer and
                                       Principal Accounting Officer
#### § 211.87 Retesting of approved components, drug product containers, and closures.

Components, drug product containers, and closures shall be retested or reexamined, as appropriate, for identity, strength, quality, and purity and approved or rejected by the quality control unit in accordance with § 211.84 as necessary, e.g., after storage for long periods or after exposure to air, heat or other conditions that might adversely affect the component, drug product container, or closure.
EXHIBIT
32.1





CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER





Pursuant
to Section 906 of the Sarbanes Oxley Act of 2002 (18 U.S.C. 1350)
and


Rules
13a-14(b) of the Securities Exchange Act of 1934





I, Daniel
A. Ninivaggi, President of Icahn Enterprises G.P. Inc., the general partner of
Icahn Enterprises L.P., certify that, to the best of my knowledge, based upon a
review of the Icahn Enterprises L.P. quarterly report on Form 10-Q for the
period ended September 30, 2010 of the registrant:




(1) The
report fully complies with the requirements of Section 13(a) or 15(d) 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 the
registrant.




/s/  Daniel
      A. NinivaggiDaniel
      A. NinivaggiPresident
      of Icahn Enterprises G.P. Inc., the general
                partner
      of Icahn Enterprises L.P.





Date:
November 5, 2010
§ 207.29 What are the requirements for reviewing and updating registration information? ( a ) *Expedited updates.* Registrants must update their registration information no later than 30 calendar days after: ( 1 ) Closing or selling an establishment;
( 2 ) Changing an establishment's name or physical address; or
( 3 ) Changing the name, mailing address, telephone number, or email address of the official contact or the United States agent. A registrant, official contact, or United States agent may notify FDA about a change of information for the designated official contact or United States agent, but only a registrant is permitted to designate a new official contact or United States agent.
( b ) *Annual review and update of registration information.* Registrants must review and update all registration information required under § 207.25 for each establishment. ( 1 ) The first review and update must occur during the period beginning on October 1 and ending December 31 of the year of initial registration, if the initial registration occurs prior to October 1. Subsequent reviews and updates must occur annually, during the period beginning on October 1 and ending December 31 of each calendar year.
( 2 ) The updates must reflect all changes that have occurred since the last annual review and update.
( 3 ) If no changes have occurred since the last registration, registrants must certify that no changes have occurred.
#### SISSETON AND WAHPETON BANDS OF INDIANS v. THE UNITED STATES.

[42 C. Cls. R., 416; 208 U. S. R., 561.]

*On both parties Appeals.*

The claimant Indians take part in the Sioux outbreak of 1882. Congress immediately pass an act whereby the annuities assured to the Indians by the treaty of 1851 are declared forfeited and are appropriated for the relief of the white sufferers. Subsequently Congress recognize the fact that all these Indians were not engaged in the outbreak and that some of them assisted in suppressing it. Congress accordingly appropriate money for members of the bands to compensate them for their assistance. In 1858, and subsequently, treaties are made by which the Indians cede lands and the United States assume obligations. Finally, in 1006, Congress virtually restore the forfeited annuities to the Indians by authorizing this court to proceed “ *as if the act of forfeiture of the annuities had not been passed,”*and directing the court “ *to ascertain and set off against the amount found to*he *due to said Indians, if any, all payments*” “ *which are properly chargeable against said unpaid annuities.”*The principal question involved in the case is, What are the items properly chargeable against the unpaid annuities?

The court below decides:

I. It is the intention of the jurisdictional act, *Act 21st June, 1906*(34 Stat. L., p. 3T2), that the court shall examine “ *all payments or other provisions of every name and nature*” made to the Indians since the treaty of 1851 (10 Stat. L., p. 049), and from the nature of the same and the circumstances under which they were made determine whether they are properly chargeable against the unpaid annuities granted by this treaty.

*590XI. Tlie money of the Indians expended for the relief of the white sufferers under *Act 16th February, 1S6S*(12 Stat. L., p. 652), is a proper charge against the unpaid annuities.

III. Where the evidence does not show how much of a gross sum went to each band of Indians, one-half of the gross amount should be charged to each.

IV. Moneys appropriated since 1883 for the support of these Indians, being in the stead of the annuities, should be deemed charged against the fund.

V.Money expended in removing the Indians to new homes is not a proper charge against the unpaid annuities.

VI.Moneys paid under a treaty “ *in consideration of the destitution of said bonds,”*“ *resulting from the confiscation of their annuities and improvements ”*are a proper charge.

VII.Money paid to the Indians which was in legal effect the proceeds derived from a sale of their lands is not properly chargeable.

The decision of the court below is affirmed with slight modification as to Item I.

Mr. Justice Holmes

delivered the opinion of the Supreme Court February 24, 1908.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM THE REGISTRANT'S BALANCE SHEET AS OF
DECEMBER 31, 1997 AND STATEMENT OF OPERATIONS FOR THE
YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>

       
<S>                             <C>                       <C>
<PERIOD-TYPE>                   Year                      Year
<FISCAL-YEAR-END>                          DEC-31-1997       DEC-31-1996        
<PERIOD-START>                              JAN-1-1997        JAN-1-1996
<PERIOD-END>                               DEC-31-1997       DEC-31-1996
<CASH>                                         138,469         1,516,072
<SECURITIES>                                         0                 0
<RECEIVABLES>                                3,708,498         4,377,942
<ALLOWANCES>                                    24,392            40,000
<INVENTORY>                                  3,001,519         3,275,166
<CURRENT-ASSETS>                             8,626,998        14,830,018
<PP&E>                                       2,023,294           827,802
<DEPRECIATION>                                 697,236           103,803
<TOTAL-ASSETS>                              18,934,967        22,822,892
<CURRENT-LIABILITIES>                       15,410,553        10,899,230
<BONDS>                                              0                 0
<PREFERRED-MANDATORY>                                0                 0
<PREFERRED>                                      3,520             3,785
<COMMON>                                        74,973            68,808
<OTHER-SE>                                   1,813,806         9,552,597
<TOTAL-LIABILITY-AND-EQUITY>                18,934,967        22,822,892
<SALES>                                     51,235,126        28,054,341
<TOTAL-REVENUES>                            51,235,126        28,054,341
<CGS>                                       44,667,482        23,779,175
<TOTAL-COSTS>                               44,667,482        23,779,175
<OTHER-EXPENSES>                             7,822,729         5,202,193
<LOSS-PROVISION>                                     0                 0
<INTEREST-EXPENSE>                             957,207           211,633
<INCOME-PRETAX>                             (2,812,937)       (1,165,830)
<INCOME-TAX>                                  (510,129)         (459,337)
<INCOME-CONTINUING>                         (2,302,808)         (706,493)
<DISCONTINUED>                              (7,133,152)         (378,895)
<EXTRAORDINARY>                                      0                 0
<CHANGES>                                            0                 0
<NET-INCOME>                                (9,435,960)       (1,085,388)
<EPS-PRIMARY>                                    (1.29)             (.33)
<EPS-DILUTED>                                    (1.29)             (.33)

        



</TABLE>
§ 310.103 New drug substances intended for hypersensitivity testing. ( a ) The Food and Drug Administration is aware of the need in the practice of medicine for the ingredients of a new drug to be available for tests of hypersensitivity to such ingredients and therefore will not object to the shipment of a new drug substance, as defined in § 310.3(g), for such purpose if all of the following conditions are met: ( 1 ) The shipment is made as a result of a specific request made to the manufacturer or distributor by a practitioner licensed by law to administer such drugs, and the use of such drugs for patch testing is not promoted by the manufacturer or distributor.
( 2 ) The new drug substance requested is an ingredient in a marketed new drug and is not one that is an ingredient solely in a new drug that is legally available only under the investigational drug provisions of this part.
( 3 ) The label bears the following prominently placed statements in lieu of adequate directions for use and in addition to complying with the other labeling provisions of the act: ( i ) “Rx only”; and
( ii ) “For use only in patch testing”.
( 4 ) The quantity shipped is limited to an amount reasonable for the purpose of patch testing in the normal course of the practice of medicine and is used solely for such patch testing.
( 5 ) The new drug substance is manufactured by the same procedures and meets the same specifications as the component used in the finished dosage form.
( 6 ) The manufacturer or distributor maintains records of all shipments for this purpose for a period of 2 years after shipment and will make them available to the Food and Drug Administration on request.
( b ) When the requested new drug substance is intended for investigational use in humans or the substance is legally available only under the investigational drug provisions of part 312 of this chapter, the submission of an “Investigational New Drug Application” (IND) is required. The Food and Drug Administration will offer assistance to any practitioner wishing to submit an Investigational New Drug Application.
( c ) This section does not apply to drugs or their components that are subject to the licensing requirements of the Public Health Service Act of 1944, as amended. (See subchapter F—Biologics, of this chapter.)
[39 FR 11680, Mar. 29, 1974, as amended at 55 FR 11578, Mar. 29, 1990; 67 FR 4907, Feb. 1, 2002]
Editorial Note on Part 341
Editorial Note: Nomenclature changes to part 341 appear at 69 FR 13717, Mar. 24, 2004.

§ 341.78 Labeling of expectorant drug products. ( a ) *Statement of identity.* The labeling of the product contains the established name of the drug, if any, and identifies the product as an “expectorant.”
( b ) *Indications.* The labeling of the product states, under the heading “Indications,” the following: “Helps loosen phlegm (mucus) and thin bronchial secretions to” (select one or more of the following: “rid the bronchial passageways of bothersome mucus,” “drain bronchial tubes,” and “make coughs more productive”). Other truthful and nonmisleading statements, describing only the indications for use that have been established and listed in this paragraph (b), may also be used, as provided in § 330.1(c)(2) of this chapter, subject to the provisions of section 502 of the act relating to misbranding and the prohibition in section 301(d) of the act against the introduction or delivery for introduction into interstate commerce of unapproved new drugs in violation of section 505(a) of the act.
( c ) *Warnings.* The labeling of the product contains the following warnings, under the heading “Warnings”: ( 1 ) “A persistent cough may be a sign of a serious condition. If cough persists for more than 1 week, tends to recur, or is accompanied by a fever, rash, or persistent headache, consult a doctor.”
( 2 ) *For expectorant drug products labeled for adults or for adults and children under 12 years of age.* “Do not take this product for persistent or chronic cough such as occurs with smoking, asthma, chronic bronchitis, or emphysema, or where cough is accompanied by excessive phlegm (mucus) unless directed by a doctor.”
( 3 ) *For expectorant drug products labeled only for children under 12 years of age.* “Do not give this product for persistent or chronic cough such as occurs with asthma or if cough is accompanied by excessive phlegm (mucus) unless directed by a doctor.”
( d ) *Directions.* The labeling of the product contains the following information under the heading “Directions” for products containing guaifenesin identified in § 341.18: Adults and children 12 years of age and over: oral dosage is 200 to 400 milligrams every 4 hours not to exceed 2,400 milligrams in 24 hours. Children 6 to under 12 years of age: oral dosage is 100 to 200 milligrams every 4 hours not to exceed 1,200 milligrams in 24 hours. Children 2 to under 6 years of age: oral dosage is 50 to 100 milligrams every 4 hours not to exceed 600 milligrams in 24 hours. Children under 2 years of age: consult a doctor.
( e ) The word “physician” may be substituted for the word “doctor” in any of the labeling statements in this section.
[54 FR 8509, Feb. 28, 1989, as amended at 57 FR 29177, June 30, 1992]