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





CERTIFICATION


OF


PRINCIPAL
EXECUTIVE OFFICER


AND


PRINCIPAL
FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C.1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002








I, John
Z. Ferguson, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, the
Quarterly Report on Form 10-Q of a21, Inc. for the period ended June 30, 2008
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 Quarterly Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of a21, Inc.





I, Thomas
Costanza, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, the
Quarterly Report on Form 10-Q of a21, Inc. for the period ended June 30, 2008
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 Quarterly Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of a21, Inc.





Pursuant
to the rules and regulations of the Securities and Exchange Commission, this
certification is being furnished and is not deemed filed.








By:
      /s/ JOHN Z. FERGUSON
              ----------------------------------
              John
      Z. Ferguson
              Chief
      Executive Officer
              (Principal
      Executive Officer)
              
              
              By:
      /s/ THOMAS COSTANZA
              ----------------------------------
              Thomas
      Costanza
              Chief
      Financial Officer
              (Principal
      Financial Officer)
              
              Dated:  August
      14, 2008
#### LAWSON v STATE

Ohio Appeals, 8th Dist, Cuyahoga Co

No. 10333.

Decided November 25, 1929

VICKERY, PJ.

There is evidence enough in the record to warrant a, suspicion that Jessie Lawson was occupying a room for immoral purposes, but there is no substantial evidence that she committed any immoral acts in said room- or was intending to, with the man who was in the house at the time.

There being an entire dearth of evidence in this matter that would warrant a conviction, the judgment of conviction is reversed and the plaintiff in error is discharged.

Sullivan and Levine, JJ., concur.
[Federal Register Volume 65, Number 3 (Wednesday, January 5, 2000)]
[Notices]
[Page 537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-128]


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

NATIONAL SCIENCE FOUNDATION


Special Emphasis Panel in Experimental & Integrative Activities; 
Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Special Emphasis Panel in Experimental & Integrative 
Activities (1193).
    Date/Time: January 24, 2000, 8:00 a.m.-5:00 p.m.
    Place: National Science Foundation, 4201 Wilson Blvd., Room 
1150, Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Dr. Anthony Maddox, CISE Postdoctoral Research 
Associates, Experimental and Integrative Activities, Room 1160, 
National Science Foundation, 4201 Wilson Boulevard, VA 22230. 
Telephone: (703) 306-1981.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to the National Science Foundation 
for financial support.
    Agenda: To review and evaluate CISE Postdoctoral Research 
Associates proposals submitted in response to the program 
announcement (NSF 97-169).
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries; and 
personal information concerning individuals associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b(c) (4) and 
(6) of the Government in the Sunshine Act.

    Dated: December 29, 1999.
Karen J. York,
Committee Management Officer.
[FR Doc. 00-128 Filed 1-4-00; 8:45 am]
BILLING CODE 7555-01-M
§ 1985.103 Filing of retaliation complaint. ( a ) *Who may file.* A person who believes that he or she has been discharged or otherwise retaliated against by any person in violation of CFPA may file, or have filed by any person on his or her behalf, a complaint alleging such retaliation.
( b ) *Nature of filing.* No particular form of complaint is required. A complaint may be filed orally or in writing. Oral complaints will be reduced to writing by OSHA. If the complainant is unable to file the complaint in English, OSHA will accept the complaint in any language.
( c ) *Place of filing.* The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the complainant resides or was employed, but may be filed with any OSHA officer or employee. Addresses and telephone numbers for these officials are set forth in local directories and at the following Internet address: *http://www.osha.gov .*
( d ) *Time for filing.* Within 180 days after an alleged violation of CFPA occurs, any person who believes that he or she has been retaliated against in violation of the Act may file, or have filed by any person on his or her behalf, a complaint alleging such retaliation. The date of the postmark, facsimile transmittal, electronic communication transmittal, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office will be considered the date of filing. The time for filing a complaint may be tolled for reasons warranted by applicable case law. For example, OSHA may consider the time for filing a complaint equitably tolled if a complainant mistakenly files a complaint with an agency other than OSHA within 180 days after an alleged adverse action.
#### The People of the State of New York, Respondent, v Patrick C. Washington, Appellant.

[697 NYS2d 524]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered February 27, 1998, convicting him of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (two counts), and criminal possession of a controlled substance in the seventh degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review, the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress videotaped recordings of the sales.

Ordered that the judgment is modified, on the law, by vacating the convictions of criminal possession of a controlled substance in the seventh degree (two counts), vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

Contrary to the defendant’s claim, trial counsel was not ineffective. Defense counsel’s performance amply met the standard of meaningful representation *(see, People v Ellis,*81 NY2d 854).

As the People correctly concede, criminal possession of a controlled substance in the seventh degree is a lesser-included offense of criminal possession of a controlled substance in the third degree *(see, People v McCray,*204 AD2d 490, 491). Therefore, the defendant’s convictions of two counts of criminal possession of a controlled substance in the seventh degree are vacated *(see,*CPL 300.40 [3] [b]).

The sentences imposed for the remaining convictions are not excessive *(People v Suitte,*90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Santucci, J. P., Thompson, Sullivan and Friedmann, JJ., concur.
#### STATE OF FLORIDA v QUINN

Appellate Case No. 85-2503 E

Thirteenth Judicial Circuit, Hillsborough County

January 9, 1986.

OPINION OF THE COURT

MANUEL MENENDEZ, JR., Circuit Judge.

The State appeals an order granting Defendant’s Motion To Vacate Judgment And Sentence and further granting the Defendant a new trial. That Order is reversed because the trial court was without jurisdiction to grant the requested relief.

The Defendant was charged in a uniform traffic citation with driving or being in actual physical control of a motor vehicle while impaired by alcoholic beverages. On December 11, 1984, the Defendant entered a plea of nollo contendré to that charge. The Defendant was represented by counsel. More than 60 days later, on February 13, 1985 the *162Defendant, represented by different counsel, filed a motion entitled “Motion for New Trial, Motion to Arrest Judgment, Motion to Vacate and Set Aside Sentence”. The motion reflected that it was being made pursuant to Rules 3.580, 3.610 and 3.800 Fla.R.Crim.P., Rule 3.580 was cited twice.

Rule 3.800 relates to the correction, reduction and modification of sentences and therefore appears to have no application to the situation herein. Moreover, inasmuch as more than 60 days had elapsed since the imposition of sentence the trial court was without jurisdiction to proceed under the provisions of Rule 3.800. *Wolfson v. State,*437 So.2d 174 (Fla. 2d DCA 1983).

Rule 3.580 relates to the granting of a new trial. Rule 3.610 relates to motions for arrest of judgment. Motions made pursuant to these rules provisions must however be filed within 10 days after the rendition of the verdict or the findings of the court. Rule 3.590 Fla.R.Crim.P. The time limits set out in Rule 3.590 are jurisdictional, *e.g.; State v. Robinson,*417 So.2d 760 (Fla. 1st DCA 1982); *Tafero v. State,*406 So.2d 89 (Fla. 3d DCA 1981); *Fuller v. Williams,*393 So.2d 651 (Fla. 5th DCA 1981); *Sayer v. State,*267 So.2d 42 (Fla. 4th DCA 1972). Therefore, the trial court was without authority to hear a motion filed pursuant to either Rule 3.580 or 3.610.

In their briefs, both the State and the Defendant argue that rule 3.850 Fla.R.Crim.P. is not applicable herein. This court concurs, the provisions of that rule are inapplicable to the instant case. The parties also both cite *Baldasar v. Illinois,*446 U.S. 23 (1980), and aver that it too is inapplicable herein. Again, the court concurs.

Accordingly, since the trial court was without jurisdiction to vacate judgment and sentence and grant a new trial the order appealed from is hereby vacated and remanded for further proceedings consistent with this opinion.

Dated this 9th day of January, 1986.
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO**

 

**18U.S.C. SECTION 1350,**

 

**ASADOPTED PURSUANT TO**

 

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of NEON Systems, Inc, (the “Company”) on Form 10-Q for theperiod ending December 31, 2003 as filed with the Securities ExchangeCommission on the date hereof (the “Report”), I, Brian D. Helman, the principalfinancial and accounting officer of the Company, certify, pursuant to 18 U.S.C.(S)1350, as adopted pursuant to (S)906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

(2)      The information contained inthe Report fairly presents, in all material respects, the financial conditionand result of operations of the Company.

 
| February 17, 2004                           |
|---------------------------------------------|
|                                        |
| /s/ Brian D. Helman                         |   |
|                                        |
| Brian D. Helman                             |
|                                        |
| principal financial and  accounting officer |

 

1

----
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<EXCHANGE-RATE>                                      1
<CASH>                                         552,568
<SECURITIES>                                         0
<RECEIVABLES>                               14,376,630
<ALLOWANCES>                                   185,000
<INVENTORY>                                 19,009,784
<CURRENT-ASSETS>                            35,404,356
<PP&E>                                      13,570,010
<DEPRECIATION>                               7,262,286
<TOTAL-ASSETS>                              41,712,080
<CURRENT-LIABILITIES>                       15,201,520
<BONDS>                                        100,001
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       451,514
<OTHER-SE>                                  25,311,745
<TOTAL-LIABILITY-AND-EQUITY>                41,712,080
<SALES>                                     75,757,322
<TOTAL-REVENUES>                            75,774,040
<CGS>                                       45,108,546
<TOTAL-COSTS>                               69,069,752
<OTHER-EXPENSES>                               310,457
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             186,338
<INCOME-PRETAX>                              6,207,493
<INCOME-TAX>                                 2,483,000
<INCOME-CONTINUING>                          3,724,493
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,724,493
<EPS-PRIMARY>                                      .80
<EPS-DILUTED>                                      .80
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration 

          - [I.D. 040400C] 

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. 

# ACTION:

Correction to announcement of receipt of an application for an exempted fishing permit (EFP). 

# SUMMARY:

                        This document contains a correction to an announcement of receipt of an application for an EFP for northern anchovy in an area off San Francisco ordinarily closed to vessels fishing to reduce the catch into products such as fish meal and oil, that was published in the                         **Federal Register**                         on May 3, 2000.                     

# FOR FURTHER INFORMATION CONTACT:

James Morgan at 310-980-4036. 

# SUPPLEMENTARY INFORMATION:

On May 3, 2000, at 65 FR 25709, NMFS announced receipt of an application for an EFP to harvest northern anchovy off the coast of California in a closed area off of Farallon Islands. That document contained incorrect dates for the Pacific Fishery Management Council meeting. 

## Correction 

On page 25709, in the second column, in the second complete paragraph, in the second line, “June 23-26, 2000,” should read “June 26-30, 2000”. 

Dated: May 12, 2000. 

Bruce C. Morehead, 

Acting Director, Office of Fisheries Management, National Marine Fisheries Service. 

[FR Doc. 00-12426 Filed 5-16-00; 8:45 am] 

BILLING CODE 3510-22-F
<PAGE>

                                                                    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 Tower Financial Corporation (the
"Company") 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"), I,
Donald F. Schenkel, Chairman of the Board, President and Chief Executive Officer
of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

/s/ Donald F. Schenkel
--------------------------------------
Donald F. Schenkel
Chairman of the Board, President
and Chief Executive Officer
November 12, 2004

                                       25
EXHIBIT
32.1
 
 CERTIFICATION
 
 Pursuant
to Section 906 of the Public Company Accounting Reform and Investor Protection
Act of 2002 (18 U.S.C.ss. 1350, as adopted), I, Susan Santage, Chief Executive
Officer and  Chief Financial Officer of the Company, hereby certifies
that, to the best of his or her knowledge:
 
 1.
The Company's Quarterly Report on Form 10-Q for the period ended June 30, 2009,
and to which this Certification is attached as Exhibit 32.1 (the "PERIODIC
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 Periodic Report fairly presents, in all
material respects, the financial condition of the Company at the end of the
period covered by the Periodic Report and results of operations of the Company
for the period covered by the Periodic Report.
 
 Dated:
July 23, 2009
 
 
 s/ Susan
Santage
 Susan
Santage
 CEO &
CFO
 
 A signed
original of this written statement required by Section 906 has been provided to
Yummies, Inc. and will be retained by Yummies, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request
 
 THIS
CERTIFICATION ACCOMPANIES THIS REPORT PURSUANT TO SS. 906 OF THE SARBANES-OXLEY
ACT OF 2002 AND SHALL NOT BE DEEMED "FILED" BY THE COMPANY FOR PURPOSES OF
SECTION 18 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              JUN-30-1997
<PERIOD-START>                                 JUL-01-1996
<PERIOD-END>                                   JUN-30-1997
<CASH>                                           1,146,546
<SECURITIES>                                             0
<RECEIVABLES>                                   25,516,341
<ALLOWANCES>                                       525,000
<INVENTORY>                                     18,629,454
<CURRENT-ASSETS>                                51,494,153
<PP&E>                                          80,771,246
<DEPRECIATION>                                  32,184,444
<TOTAL-ASSETS>                                 125,741,698
<CURRENT-LIABILITIES>                           12,228,119
<BONDS>                                         29,000,000
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                        11,807,658
<OTHER-SE>                                      61,652,840
<TOTAL-LIABILITY-AND-EQUITY>                   125,741,698
<SALES>                                        176,630,294
<TOTAL-REVENUES>                               176,630,294
<CGS>                                          133,081,765
<TOTAL-COSTS>                                  133,081,765
<OTHER-EXPENSES>                                28,809,565
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                               1,986,522
<INCOME-PRETAX>                                 12,589,228
<INCOME-TAX>                                     4,264,000
<INCOME-CONTINUING>                              8,325,228
<DISCONTINUED>                                    (471,624)
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                     7,853,604
<EPS-PRIMARY>                                         1.33
<EPS-DILUTED>                                         1.33
        


</TABLE>
COMMISSIONER 

DOUG GOEHRING 

NORTH DAKOTA 

DEPARTMENT OF AGRICULTURE 

STATE CAPITOL 

600 E. BOULEVARD AVE. - DEPT. 602 

BISMARCK, ND 58505-0020 

ndda@nd.gov 

www.nd.gov/ndda 

fPfZ 

~ · OPR.A "' 

.l f.. 5 r-1._ .. 0 . ~ fuJ-~u I \.v 

February 26, 2013 

Howard Cantor 

Acting Regional Administrator 

US EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Mr. Cantor, 

JftECEiVED I 

t!:\ 1') n - "1,'l 1 ,, ... . _ - - L~ .. ,.J 

RECEIVED 

U.S. EPA Region 8 

RA'sOftico 

FEB 2 8 2013 

The North Dakota Department of Agriculture (NDDA) hereby submits additional information as 

requested from the United States Environmental Protection Agency (EPA) to supplement the 

official delegation request sent in September 2012, by Agriculture Commissioner Doug 

Goehring to enforce the Risk Management Program (RMP) requirements for agricultural 

anhydrous ammonia facilities under Section 112(r) of the Clean Air Act (CAA). 

Enclosed with this letter please find supporting information which was requested by Region 8 to 

complete the process of formal delegation of RMP enforcement authority to North Dakota. It is 

to my understanding the following supplemental information will complete our request for 

formal delegation of the program: 

A. A revised letter from the Attorney General addresses specific questions and concerns 

raised during the delegation process. 

B. A revised summary ofNorth Dakota's regulatory authority and general components of 

the proposed RMP enforcement program. 

Also, enclosed with this letter please find supporting information asserting my position that the 

NDDA has the necessary authority and resources to meet formal delegation of the program. 

Supporting information includes: 

A. Copy ofNorth Dakota Century Code Chapter 19-20.2 

B. Copy ofNorth Dakota Century Code Chapter 19-20.3 

C. Proposed memo of understanding (MOU) between EPA and the NDDA 

D. Proposed RMP enforcement response policy 

E. Proposed administrative rule (N.D.A. C. 7 - 12-03) 

Please note that the Department has undertaken rule-making to adopt 40 CFR Part 68 by 

reference. The proposed rules have been opened for public comment and the NDDA has held a 

FAX 701 - 328- 4567 Equal Opportunity in Emp loyment and Services 

701-328-2231 

800- 242 -7535 
Page2 

hearing. The proposed rules are scheduled to be published and take effect on April I, 2013. 

The MOU provided with this letter is not provided as proof of the NDDA's ability to meet 40 

CFR Subpart 63 requirements in the delegation process. It is intended to strengthen the general 

agreement of responsibilities between the EPA and NDDA. 

I hope that this supplemental information completes our formal delegation request. Please 

contact me at 701-328-1505 or jgray@nd.gov with any questions or concerns. 

Sincerely, 

r 

sticide 

Gray 

& Fertilizer 

~ ~ n h ion Director 

CC: Kathy Atencio: Emergency Response & Preparedness Program