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





CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Fonix Corporation on Form 10-Q for the period ending September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Thomas A. Murdock, Chief Executive Officer of the Company, certifies 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.





/s/ THOMAS A. MURDOCK________

Thomas A. Murdock

Chief Executive Officer







---

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 Quarterly Report of Fonix Corporation on Form 10-Q for the period ending September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Roger D. Dudley, Chief Financial Officer of the Company, certifies, 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.







/s/ ROGER D. DUDLEY__________

Roger D. Dudley

Chief Financial Officer
This memorandum opinion was not selected for pub lication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 KEVIN P. TREVOR , 2 Plaintiff-Appellant, 3 v. NO. A-1-CA-37040 4 LEEWYN R. TREVOR-BELTON , 5 Defendant-Appellee. 6 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 7 Beatrice J. Brickhouse, District Judge 8 Kevin P. Trevor 9 Tucson, AZ 10 Pro Se Appellant 11 Pregenzer Baysinger Wideman & Sale, PC 12 Marcy Gentry Baysinger 13 Albuquerque, NM 14 for Appellee 15 MEMORANDUM OPINION 16 HANISEE, Judge. 172 {1} Summary affirmance was proposed for the reasons stated in the notice of 1 proposed summary disposition. No memorandum opposing summary affirmance has 2 been filed and the time for doing so has expired. 3 {2} AFFIRMED. 4 {3} IT IS SO ORDERED. 5

_______________________________ 6 J. MILES HANISEE, Judge 7 WE CONCUR: 8

___________________________________ 9 HENRY M. BOHNHOFF, Judge 10

_________________________________ 11 DANIEL J. GALLEGOS, Judge 12
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10Q FOR
PERIOD ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             293
<SECURITIES>                                         0
<RECEIVABLES>                                    5,486
<ALLOWANCES>                                       545
<INVENTORY>                                      5,364
<CURRENT-ASSETS>                                12,391
<PP&E>                                          38,848
<DEPRECIATION>                                  17,880
<TOTAL-ASSETS>                                  35,060
<CURRENT-LIABILITIES>                            4,261
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,584
<OTHER-SE>                                       3,862
<TOTAL-LIABILITY-AND-EQUITY>                    35,060
<SALES>                                          3,554
<TOTAL-REVENUES>                                 9,322
<CGS>                                            2,332
<TOTAL-COSTS>                                    5,730
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 567
<INCOME-PRETAX>                                    619
<INCOME-TAX>                                       248
<INCOME-CONTINUING>                                371
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       371
<EPS-PRIMARY>                                     0.04
<EPS-DILUTED>                                     0.04
        

</TABLE>
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.5305 Electromechanical tear stimulator. ( a ) *Identification.* An electromechanical tear stimulator is a non-implantable device intended to increase tear production via mechanical stimulation.
( b ) *Classification.* Class II (special controls). The special controls for this device are: ( 1 ) Clinical performance testing under anticipated conditions of use must evaluate tear production and all adverse events, including tissue damage, pain, headache, and discomfort.
( 2 ) Non-clinical performance testing must demonstrate that the device performs as intended under anticipated conditions of use. The following must be conducted: ( i ) An assessment of mechanical output specifications, including vibration amplitude and frequency, pressure and force, and acoustic (noise level) properties;
( ii ) Mechanical safety testing to validate safeguards related to the pressure aspects of the device; and
( iii ) Use life testing.
( 3 ) Performance data must demonstrate the electrical safety, thermal safety, and electromagnetic compatibility (EMC) of all electrical components of the device.
( 4 ) All patient-contacting components of the device must be demonstrated to be biocompatible.
( 5 ) Software verification, validation, and hazard analysis must be performed.
( 6 ) Physician and patient labeling must include: ( i ) A detailed summary of the device's technical parameters;
( ii ) Instructions for use, including an explanation of all user-interface components and information regarding proper device placement;
( iii ) Information related to electromagnetic compatibility classification;
( iv ) Instructions on how to clean and maintain the device;
( v ) A summary of the clinical performance testing conducted with the device;
( vi ) Language to direct end users to contact the device manufacturer and MedWatch if they experience any adverse events with this device; and
( vii ) Information on how the device operates and the typical sensations experienced during treatment.
[87 FR 9243, Feb. 18, 2022]
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 92 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. J. RES. 92

 To designate both the month of October 1993 and the month of October 
          1994 as ``National Down Syndrome Awareness Month''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             May 11, 1993 (legislative day, April 19), 1993

  Mr. Moynihan (for himself and Mr. D'Amato) introduced the following 
joint resolution; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
 To designate both the month of October 1993 and the month of October 
          1994 as ``National Down Syndrome Awareness Month''.

Whereas advancements in education, research, and public awareness are continuing 
        to improve the quality of life for people with Down syndrome;
Whereas approximately 5,000 children are born with Down syndrome annually in the 
        United States;
Whereas as ignorance, prejudices, myths, and stereotypes regarding Down syndrome 
        can be overcome only through increased awareness and education;
Whereas through the efforts of concerned physicians, teachers, parent groups, 
        and the National Down Syndrome Society, programs are being established 
        to educate the parents of individuals with Down syndrome, to include 
        people with Down syndrome in all school programs, to provide vocational 
        training for individuals with Down syndrome in preparation for entering 
        the work force, and to prepare young adults with Down syndrome for 
        independent living in the community;
Whereas the television medium has greatly augmented such efforts by casting 
        actors with Down syndrome and by offering programming that demonstrates 
        to hundreds of thousands of viewers in a positive and educational manner 
        the everyday, personal, and family effects of living with Down syndrome;
Whereas advancements in research are improving health care and offering a 
        brighter outlook for individuals born with Down syndrome; and
Whereas the many people with Down syndrome who attend regular schools, play on 
        Little League teams, work in corporations and businesses both large and 
        small, and volunteer in the community demonstrate daily the success that 
        people with Down syndrome are able to achieve: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the months of October 
1993 and October 1994 are each designated as ``National Down Syndrome 
Awareness Month''. The President is authorized and requested to issue 
proclamations calling upon the people of the United States to observe 
these months with the appropriate ceremonies and activities.

                                 <all>
```
#### § 82.705 FD&C Yellow No. 5.

The color additive FD&C Yellow No. 5 shall conform in identity and specifications to the requirements of § 74.705 (a)(1) and (b) of this chapter.

[51 FR 24519, July 7, 1986]
<PAGE>
                                 EXHIBIT 10.8.1

                               AMENDMENT TO LEASE

This AMENDMENT effective this 1st day of September 2002, ("Effective Date"), is
entered into by and between the 19th Avenue/Buchanan Limited Partnership, an
Arizona limited Partnership ("Landlord") and SCHUFF STEEL COMPANY ("Schuff") for
the Leased Premises located at 420 S. 19th Avenue, Phoenix, Arizona 85007.

Whereas the Landlord and Tenant agree to amend the Lease as follows:

1.    Starting September 1, 2002, the adjusted monthly rent will be reduced in
      accordance with Exhibit "A" for the term of the lease. The Landlord, may
      with thirty (30) day written notice, increase the monthly rate to the
      amount that the rent would have been prior to this Amendment for the
      remaining term of the lease.

2.    Except as modified herein, all other rights and obligations between the
      Parties remain unchanged.

In witness whereof, the parties have executed this Amendment as of the date
written above.

         19TH AVENUE/BUCHANAN LIMITED PARTNERSHIP,
         an Arizona limited partnership
         By:  /s/ Scott A. Schuff
              ------------------------------
                  General Partner


         SCHUFF STEEL COMPANY
         --------------------
         By:  /s/ Michael Hill
              ------------------------------
         Printed Name:  Michael Hill
                        --------------------
<PAGE>
                                    EXHIBIT A

<TABLE>

Schuff Steel Company                                                                    12/4/02
Facilities Rent - No Tax

<CAPTION>

                              Lease Amount
                           Before Infl. Adj.  Infl. Adj. 3/1/02                      9/01/2002
                                Monthly             2.60%        Inflation Adjusted  Reduction  Adjusted
                           -----------------  -----------------  ------------------  ---------  --------
<S>                        <C>                <C>                <C>                 <C>        <C>
420 South 19th Avenue            50,427            1,311              51,738          13,177     38,562

1841 Buchanan                    11,250              293              11,543           2,892      8,650

619 Cooper, Gilbert              28,333              737              29,070           8,931     20,139
                                 ------            -----              ------          ------     ------
Total Monthly Rent               90,010            2,340              92,350          25,000     67,350
</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5   
<MULTIPLIER>                  1   
<CURRENCY>                    U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               JUN-30-1996               
<PERIOD-START>                  JUL-01-1995               
<PERIOD-END>                    DEC-31-1995               
<EXCHANGE-RATE>                           1     
<CASH>                               20,248             
<SECURITIES>                              0          
<RECEIVABLES>                     5,692,892    
<ALLOWANCES>                        156,211              
<INVENTORY>                      10,601,235            
<CURRENT-ASSETS>                 16,710,712              
<PP&E>                            9,502,679             
<DEPRECIATION>                    2,993,855    
<TOTAL-ASSETS>                   24,475,081             
<CURRENT-LIABILITIES>             8,025,932             
<BONDS>                                   0    
<PREFERRED-MANDATORY>                     0    
<PREFERRED>                               0    
<COMMON>                              2,721    
<OTHER-SE>                        7,167,343    
<TOTAL-LIABILITY-AND-EQUITY>     24,475,081    
<SALES>                          34,996,362    
<TOTAL-REVENUES>                 34,996,362    
<CGS>                            21,785,345    
<TOTAL-COSTS>                    12,200,295    
<OTHER-EXPENSES>                          0    
<LOSS-PROVISION>                     87,000    
<INTEREST-EXPENSE>                  239,335    
<INCOME-PRETAX>                     771,387    
<INCOME-TAX>                        324,000    
<INCOME-CONTINUING>                 447,387    
<DISCONTINUED>                            0    
<EXTRAORDINARY>                           0    
<CHANGES>                                 0    
<NET-INCOME>                        447,387    
<EPS-PRIMARY>                           .16    
<EPS-DILUTED>                           .16    
        


</TABLE>
###### Editorial Note on Part 1

#### Editorial Note:

IRS redesignated the following sections to appear below the undesignated center heading “Regulations Applicable to Certain Bonds Sold Prior to July 8, 1997” and preceding the undesignated center heading “Deductions for Personal Exemptions.” See 62 FR 25507 and 25513, May 9, 1997 for the specific sections involved in the redesignation.

#### § 1.1502-98A Coordination with section 383 generally applicable for testing dates (or members joining or leaving a group) before June 25, 1999.

The rules contained in §§ 1.1502-91A through 1.1502-96A also apply for purposes of section 383, with appropriate adjustments to reflect that section 383 applies to credits and net capital losses. Similarly, in the case of net capital losses, general business credits, and excess foreign taxes that are pre-change attributes, § 1.383-1 applies the principles of §§ 1.1502-91A through 1.1502-96A. For example, if a loss group has an ownership change under § 1.1502-92A and has a carryover of unused general business credits from a pre-change consolidated return year to a post-change consolidated return year, the amount of the group's regular tax liability for the post-change year that can be offset by the carryover cannot exceed the consolidated section 383 credit limitation for that post-change year, determined by applying the principles of §§ 1.383-1(c)(6) and 1.1502-93A (relating to the computation of the consolidated section 382 limitation).

[T.D. 8678, 61 FR 33364, June 27, 1996. Redesignated and amended by T.D. 8824, 64 FR 36126, 36128, July 2, 1999]
# C_2016270EN.01003901.xml

| 25.7.2016 | EN | Official Journal of the European Union | C 270/39 |
| --- | --- | --- | --- |

25.7.2016

EN

Official Journal of the European Union

C 270/39

---

Judgment of the General Court of 9 June 2016 — Italy v Commission

(Case T-122/14) (1)

1

((Failure to comply with a judgment of the Court of Justice finding that a Member State has failed to fulfil its obligations - Periodic penalty payment - Judgment quantifying the amount of the periodic penalty payment - Method of calculating the interest applicable to the recovery of unlawful aid - Compound interest))

(2016/C 270/43)

Language of the case: Italian

Parties

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by S. Fiorentino, avvocato dello Stato)

Applicant:

Defendant: European Commission (represented by: V. Di Bucci, G. Conte and B. Stromsky, acting as Agents)

Defendant:

Re:

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2013) 8681 final of 6 December 2013, by which, in order to comply with the judgment of 17 November 2011 in Commission v Italy (C-496/09, EU:C:2011:740), the Commission fixed the amount of the periodic penalty owed by the Italian Republic for the six months from 17 May to 17 November 2012.

Commission

Italy

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision C(2013) 8681 final of 6 December 2013; |
| --- | --- |

1.

Annuls Commission Decision C(2013) 8681 final of 6 December 2013;

| 2. | Orders the European Commission to pay the costs. |
| --- | --- |

2.

Orders the European Commission to pay the costs.

---

(1)  OJ C 102, 7.4.2014.

1

---
**UNITED STATES ARMY COURT OF CRIMINAL APPEALS**

Before

HOLDEN, HOFFMAN, and SULLIVAN

Appellate Military Judges

**UNITED STATES, Appellee**

**v.**

**Private E2 DEREK L. THOMAS**

**United States Army, Appellant**

ARMY 20070409

Headquarters, Fort Hood

Alan L. Cook, Military Judge

Major William J. Erle, Acting Staff Judge Advocate

For Appellant:  Colonel Christopher J. O’Brien, JA; Lieutenant Colonel Steven C. Henricks, JA; Major Teresa L. Raymond, JA; Major Leonard W. Jones, JA (on brief).

For Appellee:  Major Elizabeth G. Marotta, JA; Major Tami L. Dillahunt, JA; Captain Philip M. Staten, JA (on brief).

30 April 2008

---------------------------------

SUMMARY DISPOSITION

---------------------------------

Per Curiam:

Upon review of the case before us under Article 66, Uniform Code of Military Justice, we find Specifications 1 and 2 of Charge III, which allege larceny of a laptop computer and a cell phone, respectively, from the same victim at the same location and time, constitute an unreasonable multiplication of charges.  *United States v. Gilchrist*, 61 M.J. 785, 789 (Army Ct. Crim. App. 2005).  Consistent with appellant’s pleas, the military judge found appellant guilty of both specifications of the lesser included offense of wrongful appropriation.  We will merge the affected specifications into a single specification of wrongful appropriation.

Specifications 1 and 2 of Charge III are merged into the Specification of Charge III to read as follows: 

In that Private (E-2) Derek L. Thomas, U.S. Army, did, at 

or near Fort Hood, TX, on or about 2 February 2007, 

wrongfully appropriate a Hewlett Packard laptop 

THOMAS – ARMY 20070409

computer and a Motorola Razr cell phone, of a combined 

value of over $500.00, the property of PV2 J.F. 

Specification 2 of Charge III is dismissed.  The finding of guilty of the merged Specification of Charge III, as amended, is affirmed.  

The remaining findings are affirmed.  Reassessing the sentence on the basis of the error noted, the entire record, and applying the principles of *United States v. Sales*, 22 M.J. 305 (C.M.A. 1986) and *United States v. Moffeit*, including Judge Baker’s concurring opinion, 63 M.J. 40, 43 (C.A.A.F. 2006), the court affirms the sentence. 

FOR THE COURT:

MALCOLM H. SQUIRES, JR.

Clerk of Court 

PAGE  

2
[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Notices]
[Page 37736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18062]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,620]


Circuit City, Coon Rapids, MN; Notice of Termination of 
Investigation

    Pursuant to Section 223 of the Trade Act of 1974, as amended, an 
investigation was initiated on July 9, 2009 in response to a worker 
petition filed by the Minnesota State Workforce Office on behalf of 
workers of Circuit City, Coon Rapids, Minnesota.
    The petitioner requested that this petition be withdrawn. 
Consequently, further investigation in this case would serve no 
purpose, and the investigation under this petition has been terminated.

    Signed at Washington, DC, this 14th day of July 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-18062 Filed 7-28-09; 8:45 am]
BILLING CODE 4510-FN-P