alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002  I, Christopher J. Spencer, of Wizzard Software Corporation (the "small business issuer"), certify that:  1. I have reviewed this report on Form 10-QSB-A1 of the small business issuer;  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;  4. The small business issuer's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer and have:  a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;  b) evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  c) disclosed in this report any change in the  issuer's internal control over financial reporting that occurred during the  issuer's most recent fiscal quarter (the issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the issuer's internal control over financial reporting; and  5. The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions);  a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and  b) any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.   Date:3/17/08By:/s/ Christopher J. Spencer    Christopher J. SpencerChief Executive Officer and President
§ 549.3 Distinction between plan and trust. As used in this part: ( a ) *Profit-sharing plan* means any such program or arrangement as qualifies hereunder which provides for the distribution by the employer to his employees of their respective shares of profits;
( b ) *Profit-sharing trust* means any such program or arrangement as qualifies under this part which provides for the irrevocable deposit by the employer of his employees' distributive shares of profits with a trustee for deferred distribution to such employees of their respective shares.
****Exhibit 31.1****

****Certification Pursuant to Rule 13a-14(a) and 15d-14(a)    of the Securities Exchange Act of 1934
  I, Gary J. Wolter, certify that:

1. I have reviewed this annual report on Form 10-K of MGE Energy,  Inc.;

2. Based on my knowledge, this report does not contain any  untrue statement of a material fact or omit to state a material fact necessary  to make the statements made, in light of the circumstances under which such  statements were made, not misleading with respect to the period covered by this  report;

3. Based on my knowledge, the financial statements, and other  financial information included in this report, fairly present in all material  respects the financial condition, results of operations and cash flows of the  registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible  for establishing and maintaining disclosure controls and procedures (as defined  in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

 a. Designed such disclosure controls and procedures, or caused  such disclosure controls and procedures to be designed under our supervision,  to ensure that material information relating to the registrant, including its  consolidated subsidiaries, is made known to us by others within those entities,  particularly during the period in which this report is being prepared; and

 b. Evaluated the effectiveness of the registrant's disclosure  controls and procedures and presented in this report our conclusions about the  effectiveness of the disclosure controls and procedures, as of the end of the  period covered by this report based on such evaluation; and

 c. Disclosed in this report any change in the registrant's  internal control over financial reporting that occurred during the registrant's  most recent fiscal quarter that has materially affected, or is reasonably likely  to materially affect, the registrant's internal control over financial reporting;  and

5. The registrant's other certifying officer and I have disclosed,  based on our most recent evaluation of internal control over financial reporting,  to the registrant's auditors and the audit committee of the registrant's board  of directors (or persons performing the equivalent functions):

 a. All significant deficiencies and material weaknesses in  the design or operation of internal control over financial reporting which are  reasonably likely to adversely affect the registrant's ability to record, process,  summarize and report financial; and

 b. Any fraud, whether or not material, that involves management  or other employees who have a significant role in the registrant's internal  control over financial reporting.

/s/ Gary J. WolterChairman, President and Chief Executive Officer  Date: March 15, 2004****
III 

Calendar No. 194 

110TH CONGRESS 

1ST SESSION S. RES. 173 

Designating August 11, 2007, as ‘‘National Marina Day’’. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2007 

Ms. STABENOW submitted the following resolution; which was referred to the 

Committee on the Judiciary 

JUNE 7, 2007 

Reported by Mr. LEAHY, without amendment 

RESOLUTION 

Designating August 11, 2007, as ‘‘National Marina Day’’. 

Whereas the citizens of the United States highly value recreation time and their ability to access 1 of the greatest 

natural resources of the United States, its waterways; 

Whereas, in 1928, the word ‘‘marina’’ was used for the first 

time by the National Association of Engine and Boat 

Manufacturers to define a recreational boating facility; 

Whereas the United States is home to over 12,000 recreational boating facilities that contribute substantially to 

their local communities by providing safe, reliable gateways to boating for members of their communities and 

welcomed guests; 

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2 

SRES 173 RS 

Whereas marinas of the United States also serve as stewards 

of the environment, actively seeking to protect their surrounding waterways not only for the enjoyment of the 

current generation, but for generations to come; and 

Whereas marinas of the United States also provide their communities and visitors a place where friends and families, 

united by a passion for the water, can come together for 

recreation, rest, and relaxation: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) commemorates the marinas of the United 

3 States for providing environmentally friendly gate4 ways to boating for the citizens of, and the visitors 

5 to the United States; and 

6 (2) designates August 11, 2007, as the sixth 

7 annual ‘‘National Marina Day’’ in order— 

8 (A) to honor the marinas of the United 

9 States for their many contributions to their 

10 local communities; and 

11 (B) to make citizens, policy makers, elect12 ed officials, and employees more aware of the 

13 overall contributions marinas make to their 

14 well-being. 

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Calendar No. 194 

110TH CONGRESS 

1ST SESSION S. RES. 173 

RESOLUTION 

Designating August 11, 2007, as ‘‘National Marina 

Day’’. 

JUNE 7, 2007 

Reported without amendment 

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§ 553.104 Private individuals who volunteer services to public agencies. ( a ) Individuals who are not employed in any capacity by State or local government agencies often donate hours of service to a public agency for civic or humanitarian reasons. Such individuals are considered volunteers and not employees of such public agencies if their hours of service are provided with no promise expectation, or receipt of compensation for the services rendered, except for reimbursement for expenses, reasonable benefits, and nominal fees, or a combination thereof, as discussed in § 553.106. There are no limitations or restrictions imposed by the FLSA on the types of services which private individuals may volunteer to perform for public agencies.
( b ) Examples of services which might be performed on a volunteer basis when so motivated include helping out in a sheltered workshop or providing personal services to the sick or the elderly in hospitals or nursing homes; assisting in a school library or cafeteria; or driving a school bus to carry a football team or band on a trip. Similarly, individuals may volunteer as firefighters or auxiliary police, or volunteer to perform such tasks as working with retarded or handicapped children or disadvantaged youth, helping in youth programs as camp counselors, soliciting contributions or participating in civic or charitable benefit programs and volunteering other services needed to carry out charitable or educational programs.
[52 FR 2032, Jan. 16, 1987; 52 FR 2648, Jan. 23, 1987]
#### § 780.202 Subordination to farming operations is necessary for exemption.

While section 3(f) speaks of practices performed “in conjunction with” as well as “incident to” farming operations, it would be an unreasonable construction of the Act to hold that all practices were to be regarded as agricultural if the person performing the practice did any farming, no matter how little, or resorted to tilling a small acreage for the purpose of qualifying for exemption (*Ridgeway* v. *Warren,* 60 F. Supp. 363 (M.D. Tenn.); in re Combs, 5 WH Cases 595, 10 Labor Cases 62,802 (M.D. Ga.)). To illustrate, where an employer owns several thousand acres of timberland on which he carries on lumbering operations and cultivates about 100 acres of farm land which are contiguous to such timberland, he would not be engaged in agriculture so far as his forestry or lumbering operations are concerned. In such case, the forestry or lumbering operations would clearly not be subordinate to the farming operations but rather the principal or a separate business of the “farmer.”
In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-20-00070-CR 

GREGORY ARELLANO, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the 64th District Court 

Hale County, Texas 

Trial Court No. A20048-1509, Honorable Robert W. Kinkaid, Jr., Presiding 

 

April 3, 2020 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and PIRTLE and PARKER, JJ. 

Gregory Arellano was convicted of evading arrest or detention using a vehicle. 

Following the conviction, his trial counsel moved to withdraw and filed a “Notice” with the 

trial court clerk stating the deadline to file a notice of appeal. The “Notice” was forwarded 

to this Court by the trial court clerk as a notice of appeal. 

Because the “Notice” did not show Arellano’s desire to appeal from the judgment,

we directed trial counsel to show how we have jurisdiction over the appeal. See TEX. R.

APP. P. 25.2(c)(2). Counsel advised that the “Notice” was not intended as a notice of 
2

appeal. No other documents were filed by Arellano indicating a bona fide attempt to 

invoke this Court's jurisdiction. See Few v. State, 230 S.W.3d 184, 189 (Tex. Crim. App. 

2007). Accordingly, we dismiss the appeal for want of jurisdiction.

Per Curiam

Do not publish.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT July Term 2014

JOSE MARTINEZ FLORES
,

Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 08

- 3866

[ July 16, 2014 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for

the Seventeenth Judicial Circuit, Broward County ; Andrew L. Siegel

, Judge; L.T. Case No. 98

- 22000 CF10A

.

Thomas A. Kennedy of Thomas A. Kennedy, P.A., Vero Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

Sonya Rudenstine, Gainesville

, and Michael Ufferman, Tallahassee,

for Amicus Curiae Florida Associati on of Criminal Defense Lawyers.

Rebecca Sharpless, Coral Gables, Tania Galloni, Miami, and Michael

Vast ine, Miami Gardens, for Amicus Curiae American Immigration Lawyers Ass ociation South Florida Chapter.

On Remand

P ER C URIAM

.

Pursuant to Flores v. State , 134 So. 3d 447 (Fla. 2014), this case is remanded to the trial court for further proceedings consistent with the Florida Supreme Court’s decisions in Hernandez v. State , 124 So. 3d 757 (Fla. 2012) and Castano v. State , 119 So. 3d 1208 (Fla. 2012). The t rial court shall determine whether appellant has established a legally sufficient basis to withdraw his plea under the circumstances of this

case. See Cano v. State , 112 So. 3d 646 , 647

– 48 (Fla. 4th DCA 2013).- 2

-

Reversed and Remanded.

D AMOORGIAN
, C.J., C I KLIN and T AYLOR , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 32



The following statement is being furnished to the Securities and Exchange Commission solely for purposes of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350),
which carries with it certain criminal penalties in the event of a knowing or willful misrepresentation.



Securities and Exchange Commission

450 Fifth Street, NW

Washington, DC 20549



RE: Lee Enterprises,
Incorporated



Ladies and Gentlemen:



In accordance with the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
1350), each of the undersigned hereby certifies that to our knowledge:



|(i) | this annual report on Form 10-K for the period ended September 30, 2007 (Annual Report), fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m or 78o(d)); and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(ii) | the information contained in this Annual Report fairly presents, in all material respects, the financial condition and results of operations of Lee Enterprises, Incorporated for the periods
presented in the Annual Report.
|---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Dated as of this 29thday of November 2007.



|                        |  |                                        
|----------------------- |  | ---------------------------------------
|/s/ Mary E. Junck       |  | /s/ Carl G. Schmidt                    
|Mary E. Junck           |  | Carl G. Schmidt                        
|Chairman, President and |  | Vice President, Chief Financial Officer
|Chief Executive Officer |  | and Treasurer                          



A signed original of this written statement
required by Section 906 has been provided to Lee Enterprises, Incorporated and will be retained by Lee Enterprises, Incorporated and furnished to the Securities and Exchange Commission upon request.
EXHIBIT 32


STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350





In connection with the Quarterly Report of Capitol Federal Financial (the “Company”) on Form 10-Q for the quarterly period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, John B. Dicus, Chief Executive Officer of the Company, and Kent G. Townsend, Chief Financial 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 result of operations of the Company as of the dates and for the periods presented in the financial statements included in such Report.














Date:   July 29, 2010                                                  By:   /s/ John B. Dicus


John B. Dicus, Chairman, President and


Chief Executive Officer











Date:   July 29, 2010                                                  By:   /s/ Kent G. Townsend


Kent G. Townsend, Executive Vice President and


Chief Financial Officer
EXHIBIT 32.2

CERTIFICATE OF THE PRINCIPAL FINANCIAL OFFICER
OF DIOMED HOLDINGS, INC. (REGISTRANT)
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, David B. Swank, Chief Financial Officer of the Registrant, certify to the
best of my knowledge and belief pursuant to Section 906 of Sarbanes-Oxley Act of
2002 (18 U.S.C. Section 1350) that:

(1) The Quarterly Report on Form 10-QSB for the period ended June 30, 2006,
which this statement accompanies, 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 Quarterly Report on Form 10-QSB fairly
presents, in all material respects, the financial condition and result of
operations of the Registrant.




The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, chapter
63 title 18, United States Code) and is not being filed as part of the Form
10-QSB or as a separate disclosure document.


Date:  August 11, 2006                /s/ DAVID B. SWANK
                                      --------------------------
                                      David B. Swank
                                      Chief Financial Officer
                                      (Principal Financial Officer)
Exhibit 32   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 LCNB Corp. (the "Company") on Form 10-Q for the period ending June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, Stephen P. Wilson, Chief Executive Officer and Chairman of the Board of Directors, and Robert C. Haines, II, Executive Vice President and Chief Financial Officer, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:  (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/ Stephen P. Wilson/s/ Robert C. Haines, IIStephen P. Wilson
Chief Executive Officer and
Chairman of the Board of DirectorsRobert C. Haines, II
Executive Vice President and Chief Financial Officer   Date:  August 9, 2010
III 

110TH CONGRESS 

1ST SESSION S. RES. 222 

Supporting the goals and ideals of Pancreatic Cancer Awareness Month. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2007 

Mrs. CLINTON (for herself and Mr. SMITH) submitted the following resolution; 

which was referred to the Committee on Health, Education, Labor, and 

Pensions 

RESOLUTION 

Supporting the goals and ideals of Pancreatic Cancer 

Awareness Month. 

Whereas over 37,170 people will be diagnosed with pancreatic 

cancer this year in the United States; 

Whereas pancreatic cancer is the 4th most common cause of 

cancer death in the United States; 

Whereas 75 percent of pancreatic cancer patients die within 

the first year of their diagnosis and only 5 percent survive more than 5 years, making pancreatic cancer the 

deadliest of any cancer; 

Whereas there has been no significant improvement in survival rates in the last 25 years and pancreatic cancer research is still in the earliest scientific stages; 


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2 

•SRES 222 IS 

Whereas there are no early detection methods and minimal 

treatment options for pancreatic cancer; 

Whereas when symptoms of pancreatic cancer generally 

present themselves, it is too late for an optimistic prognosis, and the average survival rate of those diagnosed 

with metastasis of the disease is only 3 to 6 months; 

Whereas the incidence rate of pancreatic cancer is 40 to 50 

percent higher in African Americans than in other ethnic 

groups; and 

Whereas it would be appropriate to observe November as 

Pancreatic Cancer Awareness Month to educate communities across the Nation about pancreatic cancer and the 

need for research funding, early detection methods, effective treatments, and treatment programs: Now, therefore, 

be it 

1 Resolved, That the Senate supports the goals and 

2 ideals of Pancreatic Cancer Awareness Month. 

Æ 


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#### § 780.156 Transportation of farm products from the fields or farm.

Transportation of farm products from the fields where they are grown or from the farm to other places may be within the “secondary” meaning of agriculture, regardless of whether the transportation is included as “delivery to storage or to market or to carriers for transportation to market”: *Provided only,* That it is performed by a farmer or on a farm as an incident to or in conjunction with the farming operations of that farmer or that farm. Of course, any transportation operations which are part of, and not subsequent to, the “primary” farming operations are also within section 3(f). These principles have been recognized by the courts in the following cases, among others: *Maneja* v. *Waialua,* 349 U.S. 254; *NLRB* v. *Olaa Sugar Co.,* 242 F. 2d 714; *Bowie* v. *Gonzales,* 117 F. 2d 11; *Calaf* v. *Gonzales,* 127 F. 8d 934; *Vives* v. *Serralles,* 145 F. 2d 552; *Holtville Alfalfa Mills* v. *Wyatt,* 230 F. 2d 398. If not performed by the farmer, transportation beyond the limits of the farm is not within section 3(f), even when performed by a purchaser of the unharvested commodities who has harvested the crop. The scope of section 3(f) includes the harvesting employees but does not extend to the employees transporting the commodities off the farm (*Chapman* v. *Durkin,* 214 F. 2d 360, cert. denied, 348 U.S. 897; *Fort Mason Fruit Co.* v. *Durkin,* 214 F. 2d 363, cert. denied, 348 U.S. 897).