alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1


EXHIBIT 23

CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the registration
statements on Form S-3 (File No.'s 333-89347, 333-85219, 333-85061 and
333-42532) and Form S-8 (File No.'s 333-45253, 333-64525, 333-46589, 333-52799,
333-72425, 333-79007, 333-52805, 333-56133, 333-08775, 333-37041, 333-33943,
333-18975, 333-18977, 333-08783, 333-81751, 333-87685, 333-88201, 333-87151,
333-84981, 333-80267, 333-08789, 333-08793, 333-08801, 333-23043, 333-42475,
333-31400, 333-31738, 333-40992 and 333-43184) of Lucent Technologies Inc. of
our report dated December 20, 2000 relating to the consolidated financial
statements and financial statement schedule, which appears in this Form 10-K/A.


PricewaterhouseCoopers LLP
New York, New York
June 6, 2001
----

Exhibit 13.1 

CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

In connection with the Amendment No. 2 to the annual report of Birch MountainResources Ltd. (the "Company") on Form 20-F for the year ended December 31,2006, as filed with the Securities and Exchange Commission on the date hereof(the "Report"), I, Douglas J. Rowe, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge: 

1. TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and 

2. The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company. 

Date: May 29, 2008

|   |   | */s/ Douglas J. Rowe*                                             |
|--------|--------|-------------------------------------------------------------------|
|   |   | **Name: Douglas J. Rowe**                                         |
|   |   | Title:    President and    Chief Executive Officer |
#### § 144.820 Guards in dangerous places.

An exposed hazard such as gears and rotating machinery, must be protected by a cover, guard or rail. This is not meant to restrict access to towing equipment such as winches, drums, towing gear or steering compartment equipment necessary for the operation of the vessel.
Certification pursuant to
                             18 U.S.C. Section 1350,
                             as adopted pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

      Michael R. Kallet, President and Chief Executive Officer, and Eric E.
Stickels, Executive Vice President and Chief Financial Officer of Oneida
Financial Corp. (the "Company"), each certify in his capacity as an officer of
the Company that he has reviewed the Quarterly Report of the Company on Form
10-Q for the quarter ended September30, 2008 and that to the best of his/her
knowledge:

(6)   the report fully complies with the requirements of Sections 13(a) of the
      Securities Exchange Act of 1934; and

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

The purpose of this statement is solely to comply with Title 18, Chapter 63,
Section 1350 of the United States Code, as amended by Section 906 of the
Sarbanes-Oxley Act of 2002.

  November 14, 2008                        /s/ Michael R. Kallet
--------------------------                 ----------------------
Date                                       President and Chief Executive Officer

  November 14, 2008                        /s/ Eric E. Stickels
--------------------------                 ---------------------
Date                                       Executive Vice President and
                                           Chief Financial Officer

                                  Exhibit 32.1
#### James F. Woodhouse, *as Administrator, etc., Respondent, v.*Claiborne O. Woodhouse, *Appellant*.

Judgment affirmed. Opinion by

Daniels, J.
<PAGE>

                                                                      EXHIBIT 23



                          Independent Auditors' Consent



The Board of Directors
AvTel Communications, Inc.


We consent to incorporation by reference in the Registration Statements (No.
333-78963) on Form S-3 and (Nos. 333-30725, 333-53435, and 333-64769) on Form
S-8 of AvTel Communications, Inc. of our report dated April 14, 1999 except
as to Note 5 which is as of July 2, 1999, relating to the consolidated
balance sheets of AvTel Communications, Inc. and subsidiaries as of December
31, 1998 and 1997, and the related consolidated statements of operations,
stockholders' equity, and cash flows and related schedule, for each of the
years in the three-year period ended December 31, 1998, which report appears
in the December 31, 1998 annual report on Form 10-K of AvTel Communications,
Inc.

                                             /s/ KPMG LLP
                                             -------------
                                             KPMG LLP



Dallas, Texas
July 2, 1999
# CE2009184EN.01012201.xml

| 6.8.2009 | EN | Official Journal of the European Union | CE 184/122 |
| --- | --- | --- | --- |

6.8.2009

EN

Official Journal of the European Union

CE 184/122

---

Wednesday 20 February 2008Population and housing censuses ***I

P6_TA(2008)0056

P6_TA(2008)0056

European Parliament legislative resolution of 20 February 2008 on the proposal for a regulation of the European Parliament and of the Council on population and housing censuses (COM(2007)0069 — C6-0078/2007 — 2007/0032(COD))

2009/C 184 E/34

(Codecision procedure: first reading)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0069),

having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0078/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Regional Development (A6-0471/2007),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

Wednesday 20 February 2008P6_TC1-COD(2007)0032

Position of the European Parliament adopted at first reading on 20 February 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on population and housing censuses

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No .../2008.)

---
<PAGE>

                           POWER OF ATTORNEY

Each director and/or officer of Corporate Systems Holding, Inc. whose
signature appears herein appoints Johnny E. Mize and Michael D. Unruh, and
each of them severally, as his attorney-in-fact to sign in his name and
behalf, in any and all capacities stated herein, and to file with the
Securities and Exchange Commission, Corporate Systems Holding, Inc.'s annual
report on Form 10-K and any and all amendments thereto.


    SIGNATURE                    TITLE                               DATE
    ---------                    -----                               ----

/s/  Johnny E. Mize            President, CEO
  ---------------------------  (Principal Executive Officer    March 24, 1997
     (Johnny E. Mize)          and Director)


/s/  Michael D. Unruh           (Principal Financial and
  ---------------------------   Accounting Officer)            March 24, 1997
     (Michael D. Unruh)


/s/  Max R. Sherman             (Chairman of the Board of
  ---------------------------   Directors)                     March 24, 1997
     (Max R. Sherman)


/s/  Guyon H. Saunders
  ---------------------------  (Director)                      March 24, 1997
     (Guyon H. Saunders)


/s/  Edward A. Fancher, Jr.
  ---------------------------  (Director)                      March 24, 1997
     (Edward A. Fancher, Jr.)


/s/  Jess Latham, Jr.
  ---------------------------  (Director)                      March 24, 1997
     (Jess Latham, Jr.)


/s/  Charles Scott Gilmour
  ---------------------------  (Director)                      March 24, 1997
     (Charles Scott Gilmour)
----

Scale across the bottom of this image is about 8 km.

----

----

----

SusanA. Cochran

U.S. Department of the Interior,U.S.Geological Survey,Western RegionCoastal and Marine Geology
# CE2009184EN.01011402.xml

| 6.8.2009 | EN | Official Journal of the European Union | CE 184/114 |
| --- | --- | --- | --- |

6.8.2009

EN

Official Journal of the European Union

CE 184/114

---

Tuesday 19 February 2008Exposure of workers to the risks arising from physical agents (electromagnetic fields) ***I

P6_TA(2008)0038

P6_TA(2008)0038

European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (eighteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (COM(2007)0669 — C6-0394/2007 — 2007/0230(COD))

2009/C 184 E/23

(Codecision procedure: first reading)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0669),

having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0394/2007),

having regard to Rules 51 and 43(1) of its Rules of Procedure,

having regard to the report of the Committee on Employment and Social Affairs (A6-0012/2008),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-22-00064-CV

ROBSTOWN HARDWARE COMPANY and Deere & Company,

Appellants

v.

Heather J. IDEUS and Arlen Ideus,

Appellees

From the 229th Judicial District Court, Duval County, Texas

Trial Court No. DC-21-175

Honorable Baldemar Garza, Judge Presiding

Opinion by: Luz Elena D. Chapa, Justice

Sitting: Luz Elena D. Chapa, Justice

Irene Rios, Justice

Beth Watkins, Justice

Delivered and Filed: July 20, 2022

DISMISSED FOR LACK OF JURISDICTION

On January 31, 2022, appellants Robstown Hardware Company and Deere & Company

filed an interlocutory appeal challenging the trial court’s order denying their motion to transfer 

venue. When appellants filed their brief, they also asked us to consider it alternatively as a petition 

for writ of mandamus. We then set the case for submission on briefs on June 13, 2022, and shortly 

thereafter, on June 16, 2022, appellants removed the underlying case from state district court to 

federal court, where it is now pending in the United States District Court for the Southern District 

of Texas, Corpus Christi Division, Civil Action No. 2:22-cv-132. 
04-22-00064-CV

- 2 -

Once a notice of removal is filed, it “shall effect the removal and the State court shall 

proceed no further unless and until the case is remanded.” 28 U.S.C. § 1446(d); see also In re Sw. 

Bell Tel. Co., L.P., 235 S.W.3d 619, 624 (Tex. 2007); In re Zhou, No. 14-21-00424-CV, 2021 WL 

4537849, at *1 (Tex. App.—Houston [14th Dist.] Oct. 5, 2021, orig. proceeding) (mem. op.); In 

re Laza, No. 12-17-00280-CV, 2018 WL 271833, at *1 (Tex. App.—Tyler Jan. 3, 2018, orig. 

proceeding) (mem. op.) (per curiam). “Following removal, the federal court has exclusive 

jurisdiction over the action.” Zhou, 2021 WL 4537849, at *1 (citing Laza, 2018 WL 271833, at 

*1 and J.P. Morgan Chase Bank, N.A. v. Del Mar Props., L.P., 443 S.W.3d 455, 460 (Tex. App.—

El Paso 2014, no pet.)). In this case, appellants’ joint removal to federal court vested the federal

court with exclusive jurisdiction over this matter. See 28 U.S.C. § 1446(d); Sw. Bell Tel. Co., L.P., 

235 S.W.3d at 624; Zhou, 2021 WL 4537849, at *1; Laza, 2018 WL 271833, at *1; J.P. Morgan 

Chase Bank, N.A., 443 S.W.3d at 460. 

We therefore lack jurisdiction over this case, and we dismiss appellants’ appeal and 

alternatively pled petition for writ of mandamus for lack of jurisdiction. See Zhou, 2021 WL 

4537849, at *1 (dismissing original proceeding for lack of jurisdiction following filing of notice 

of removal); Russell v. Dall. Indep. Sch. Dist., No. 05-10-00563-CV, 2010 WL 2839633, at*1

(Tex. App.—Dallas July 21, 2010, no pet.) (dismissing appeal for lack of jurisdiction after case 

removed from state to federal court). 

Luz Elena D. Chapa, Justice
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

CRIM. CASE NO. 13-20892

Plaintiff,

v. PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

D-14 KUTUB MESIWALA,

Defendant.

_____________________________/

ORDER DENYING DEFENDANT’S MOTION 

TO SET ASIDE BOND CONDITIONS

At a hearing on October 14, 2014, the Court heard argument on Defendant’s Motion to

Set Aside Bond Conditions that prevented Defendant from billing any Federal Health Care

program directly or indirectly. (Dkt. #218).

On October 2, 2014, Magistrate Judge Steven Whalen, after a bond hearing, had ordered,

that Defendant be released subject, inter alia, to condition “(t) no billing of medicare or any

other federal health care program.”

At the October 14, 2014 hearing, the Court denied Defendant’s Motion, ruling:

With regard to the billing of Medicare or any other federal health

care programs while this matter is proceeding, I think that both

based on the record of Defendant’s admissions to agents as stated

by the Assistant U.S. Attorney, the beneficiaries that were

interviewed as well, and his prior conviction for abusing his

profession and the charges in this case both in the substantive

counts, while they’re de minimis, certainly the counts charging the

conspiracy and filled in a bit by the statements by the prosecutor in

court indicate a basis for continuing the condition that is set forth

1

2:13-cr-20892-GCS-RSW Doc # 245 Filed 10/27/14 Pg 1 of 2 Pg ID 994
in Magistrate Judge Whalen’s order. And I would also extend it to

billing, directly or indirectly, of Medicare or any other federal

health care program during the pendency of this case.

In accepting release on conditions; this Defendant accepting the condition of “no billing.”

Given the charges in this case against Defendant, and the proferred evidence against him

including statements from co-conspirators, his own admissions, and his prior conviction for (1)

distribution of schedule II controlled substances, (2) Omission of Material Information from

Required Federal Controlled Substance Records, and (3) Laundering of Monetary Instruments,

this Court concludes, there is clear and convincing evidence, it would be a danger to the

community to permit him to continue rendering services and billing the Government.

SO ORDERED.

s/Paul D. Borman 

PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Dated: October 27, 2014

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing order was served upon each attorney or

party of record herein by electronic means or first class U.S. mail on October 27, 2014.

s/Deborah Tofil 

Case Manager

2

2:13-cr-20892-GCS-RSW Doc # 245 Filed 10/27/14 Pg 2 of 2 Pg ID 995
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 Health Express USA, Inc.
(the "Company") on Form 10-QSB for the quarter ended June 27, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the
Company.

Date:    August 11, 2004                By:      /s/ Douglas Baker
                                                 -----------------
                                        Name:    Douglas Baker
                                        Title:   Chief Executive Officer


Date:    August 11, 2004                By:      /s/ Patricia Durante
                                                 --------------------
                                        Name:    Patricia Durante
                                        Title:   Chief Financial Officer



         A signed original of this written statement required by Section 906, or
other document authentications, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Health Express
USA, Inc. and will be retained by Health Express USA, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

                                 EXHIBIT 32.1-1
#### § 96.67 Right to counsel.

Any party to a hearing under this part has the right at all times to be advised and accompanied by counsel.
# C_2008179EN.01001101.xml

| 16.7.2008 | EN | Official Journal of the European Union | C 179/11 |
| --- | --- | --- | --- |

16.7.2008

EN

Official Journal of the European Union

C 179/11

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to national regional investment aid

(Text with EEA relevance)

(2008/C 179/05)

| Aid No | XR 36/08 |
| --- | --- |
| Member State | France |
| Region | Art. 87(3)(a), art. 87(3)(c) |
| Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement | Mesures fiscales en faveur des bassins d'emploi à redynamiser: exonérations sur option d'impôt sur les bénéfices, d'imposition forfaitaire annuelle, de taxe foncière sur les propriétés bâties et de taxe professionnelle pour les entreprises implantées dans une zone d'aide à finalité régionale |
| Legal basis | Articles 44 duodecies, 223 undecies, 1383 H et 1466 A I quinquies A du code général des impôts |
| Type of measure | Aid scheme |
| Annual budget | EUR 0,5 million |
| Maximum aid intensity | 60 % |
| In conformity with Article 4 of the Regulation |
| Date of implementation | 1.1.2007 |
| Duration | 31.12.2011 |
| Economic sectors | All sectors eligible for regional investment aid |
| — |
| Name and address of the granting authority | Ministère de l'économie, des finances et de l'emploi |
| 139, rue de Bercy |
| F-75012 Paris |

Aid No

XR 36/08

Member State

France

Region

Art. 87(3)(a), art. 87(3)(c)

Title of aid scheme or the name of the undertaking receiving ad hoc aid supplement

ad hoc

Mesures fiscales en faveur des bassins d'emploi à redynamiser: exonérations sur option d'impôt sur les bénéfices, d'imposition forfaitaire annuelle, de taxe foncière sur les propriétés bâties et de taxe professionnelle pour les entreprises implantées dans une zone d'aide à finalité régionale

Legal basis

Articles 44 duodecies, 223 undecies, 1383 H et 1466 A I quinquies A du code général des impôts

duodecies

undecies

quinquies

Type of measure

Aid scheme

Annual budget

EUR 0,5 million

Maximum aid intensity

60 %

In conformity with Article 4 of the Regulation

Date of implementation

1.1.2007

Duration

31.12.2011

Economic sectors

All sectors eligible for regional investment aid

—

Name and address of the granting authority

Ministère de l'économie, des finances et de l'emploi

139, rue de Bercy

F-75012 Paris

Internet address of the publication of the aid scheme

http://www.legifrance.gouv.fr/./affichCode.do?cidTexte=LEGITEXT000006069577

Other information

—

---
(logo)GE                                                              GE CAPITAL

                         GE CAPITAL MORTGAGE SERVICES, INC.
                         A UNIT OF GENERAL ELECTRIC CAPITAL MORTGAGE CORPORATION
                         4680 HALLMARK PARKWAY, SAN BERNARDINO, CA 92407



                            OFFICER'S CERTIFICATION



The undersigned officer of GE Capital Mortgage Services, Inc.  hereby  certifies
that:

a)     Such servicing officer has reviewed the activities of the Master Servicer
during the  preceding calendar year or portion thereof and its performance under
the Agreement;

b)      To the best of such servicing officer's knowledge, based on such review,
the Master Servicer has performed and fulfilled its duties, responsibilities and
obligations under the Agreement in all material respects  throughout  such year;

c)     An  officer  has  conducted  an  examination  of  the  activities of each
Servicer during  the  preceding  calendar  year  and  its  performance under the
related servicing agreement;

d)    The Master Servicer has received from each Servicer such Servicer's Annual
Certification of Compliance,

e)      To the best of such officer's  knowledge, based on such examination, the
Servicer   has  performed  and  fulfilled  its  duties,   responsibilities   and
obligations under the Servicing Agreement in all material   respects  throughout
such year;

f)      All  premiums   for  each  Standard  Federal  Hazard  Insurance  Policy,
Flood  Insurance Policy  (if any),  Primary Mortgage  Insurance Policy (if any),
and FHA Certificate  of  Mortgage   Insurance  (if any),  with  respect  to each
Mortgage Loan  and  each  Mortgaged  Property  have  been paid and that all such
insurance policies are in full force and effect, and

g)      Such  officer  has  confirmed  that  the  Fidelity   Bond and Errors and
Omissions   Insurance  Policy  are  in   full  force   and  effect  and meet the
requirements of the definitions of such terms.


                                              GE CAPITAL MORTGAGE SERVICES, INC.

March 29, 1996                                    /s/Karol A. Mason
    Date                                          Karol A. Mason, Vice President
#### § 131.360 Responsibilities of licensed or certificated individuals.

Nothing in the emergency instructions or in any station bill required by this subpart exempts any licensed or certificated individual from the exercise of good judgment in an emergency.