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1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

GLENN EDWARD MERRIFIELD,

Plaintiff, No. CIV S-04-0488 MCE PAN P

vs.

KLU KLUX KLAN, et al.,

Defendants. FINDINGS & RECOMMENDATIONS

 /

By an order filed August 20, 2004, plaintiff was ordered to file an in forma

pauperis affidavit or to pay the appropriate filing fee, within thirty days, or his application would

be dismissed. The thirty day period has now expired, and petitioner has not responded to the

court’s order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing

fee. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

prejudice.

These findings and recommendations are submitted to the United States District

Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

days after being served with these findings and recommendations, petitioner may file written

objections with the court. The document should be captioned “Objections to Magistrate Judge’s

Findings and Recommendations.” Petitioner is advised that failure to file objections within the

Case 2:04-cv-00488-MCE -PAN Document 5 Filed 03/02/06 Page 1 of 2
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

F.2d 1153 (9th Cir. 1991).

DATED: March 1, 2006.

/001; merr0488.fpf 

Case 2:04-cv-00488-MCE -PAN Document 5 Filed 03/02/06 Page 2 of 2
|EXHIBIT 32.1
|------------

|CERTIFICATION
PURSUANT TO18 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 Atlas America Public #122003 Limited Partnership (the Partnership)
on Form 10-QSB for the period ending March 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Freddie M. Kotek,
Chief Executive Officer of the Partnership, 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 Partnership.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------

| | By:    
            /s/ Freddie M. Kotek
           Name:    Freddie M. Kotek
           Title:      Chief Executive Officer of the Managing General Partner
           Dated:    May 13, 2004
| | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<TABLE> <S> <C>


<ARTICLE>                                      5
<MULTIPLIER>                                   1,000

<S>                                            <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              Dec-31-1999
<PERIOD-START>                                 Jan-01-1999
<PERIOD-END>                                   Dec-31-1999
<CASH>                                         20,766
<SECURITIES>                                   0
<RECEIVABLES>                                  68,523
<ALLOWANCES>                                   1,532
<INVENTORY>                                    18,063
<CURRENT-ASSETS>                               120,777
<PP&E>                                         470,351
<DEPRECIATION>                                 142,207
<TOTAL-ASSETS>                                 560,315
<CURRENT-LIABILITIES>                          63,787
<BONDS>                                        211,251
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    5,792
<COMMON>                                       4,249
<OTHER-SE>                                     139,625
<TOTAL-LIABILITY-AND-EQUITY>                   560,315
<SALES>                                        0
<TOTAL-REVENUES>                               505,759
<CGS>                                          228,383
<TOTAL-COSTS>                                  437,520
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             17,695
<INCOME-PRETAX>                                32,428
<INCOME-TAX>                                   31,344
<INCOME-CONTINUING>                            63,772
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   63,772
<EPS-BASIC>                                  2.01
<EPS-DILUTED>                                  1.94



</TABLE>
Exhibit 23

                         CONSENT OF INDEPENDENT AUDITORS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 333-78709, 33-60443 and 33-60449) of Katy
Industries, Inc. of our report dated March 25, 2004 relating to the consolidated
financial statements of Katy Industries, Inc., which appears in this Form 10-K.
We also consent to the incorporation be reference of our report dated March 25,
2004 relating to the financial statement schedule, which appears in this Form
10-K.

s/ PricewaterhouseCoopers LLP

St. Louis, Missouri
March 25, 2004


                                       90
Before Judge Donlon,

January 10, 1968

No. R68/8.

reappraisements R60/1030, etc. (New York).

#### B. Schwartz & Co. and Aut Customs Brokers, Inc., *v.*United States,

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *International*Packers, *Limited*v. *United States*(56 Cust. Ct. 636, Reap. Dec. 11147) and *International*Packers, *Limited*v. *United States*(52 Cust. Ct. 472, Reap. Dec. 10696), the court found and held that export value as defined in section 402(b), Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, is the proper basis for determining value of the cured boneless beef exported from Argentina during the period January 1, 1959, through December 31, 1959, described on the invoices of the entries covered by these appeals to reappraisement and that such value is the appraised value, less the Argentine retention tax of 8190 Argentine pesos per net metric ton.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               APR-01-2000
<CASH>                                      24,696,000
<SECURITIES>                                         0
<RECEIVABLES>                               37,179,000
<ALLOWANCES>                                   693,000
<INVENTORY>                                 68,745,000
<CURRENT-ASSETS>                           134,675,000
<PP&E>                                      40,029,000
<DEPRECIATION>                              13,374,000
<TOTAL-ASSETS>                             187,670,000
<CURRENT-LIABILITIES>                       41,538,000
<BONDS>                                     11,047,000
<PREFERRED-MANDATORY>                               00
<PREFERRED>                                          0
<COMMON>                                       171,000
<OTHER-SE>                                 114,855,000
<TOTAL-LIABILITY-AND-EQUITY>               187,670,000
<SALES>                                     60,489,000
<TOTAL-REVENUES>                            60,489,000
<CGS>                                       44,244,000
<TOTAL-COSTS>                               44,244,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                15,000
<INTEREST-EXPENSE>                             126,000
<INCOME-PRETAX>                              5,997,000
<INCOME-TAX>                                 2,078,000
<INCOME-CONTINUING>                          3,919,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,919,000
<EPS-BASIC>                                        .23
<EPS-DILUTED>                                      .20


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

The undersigned, Mark Bruk, CEO, Secretary and Treasurer of Xten Networks, Inc., hereby 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 quarterly report on Form 10-QSB of Xten Networks Inc. for the six month period ended October 31, 2004 (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 Xten Networks, Inc.

Dated: December 3, 2004

Mark Bruk
CEO, Secretary and Treasurer
(Principal Financial Officer and Principal Accounting Officer)
II 

118TH CONGRESS 

2D SESSION S. 4267 

To prohibit Big Cypress National Preserve from being designated as wilderness or as a component of the National Wilderness Preservation System, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2024 

Mr. SCOTT of Florida introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To prohibit Big Cypress National Preserve from being designated as wilderness or as a component of the National 

Wilderness Preservation System, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROHIBITION ON DESIGNATION OF BIG CY4 PRESS NATIONAL PRESERVE AS WILDER5 NESS. 

6 Big Cypress National Preserve may not be designated 

7 as wilderness or as a component of the National Wilder8 ness Preservation System. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
January 29, 2014

Mr. Jason Cabot

388 Beale Street, Apartment 1407

San Francisco, CA 94105

Dear Mr. Cabot:

This is in response to your September 4, 2013 letter sent to the public docket (No. FAA2013-0784) petitioning the Federal Aviation Administration to amend § 99.7 of Title 14 

Code of Federal Regulations (14 CFR). The petition for rulemaking would amend this 

section by providing that a pilot does not violate the security instructions issued by the 

Administrator pursuant to this section if an individual operates within a temporary flight 

restricted (TFR) area and the existence of the TFR was not disclosed to the pilot during a 

briefing from the Flight Standards Service or other authorized source.

You also request a clarification to Flight Data Center (FDC) Notice to Airmen (NOTAM)

9/51511

, which provides notice of temporary flight restrictions that are implemented for 

certain sporting events. 

When the FAA responds to petitions for rulemaking, it must follow the requirements 

contained in 14 CFR part 11. In accordance with § 11.73, the FAA uses the following 

criteria in making a decision whether to amend current regulations based on a petition for 

rulemaking: 

1) the immediacy of the safety or security concerns the petition raises;

2) the priority of other FAA issues; and

3) the resources we have available to address these issues.

The FAA has a priority list for rulemaking that addresses many issues that are critical to the 

safety of the aviation community and the traveling public. The FAA must prioritize its 

limited rulemaking resources so as to deliver the most value to the aviation system as a 

whole. Although the issues raised in your petition may have merit, they do not address an 

immediate safety concern. 

 1 NOTAM 9/5151 contains flight restrictions mandated in section 352 of Public Law 108-7, as amended by 

section 521 of Public Law 108-199, concerning flights in the vicinity of certain sporting events.
2

We agree with your assessment that the phrase “effective and champ series races excluding 

qualifying and pre-race events” in NOTAM 9/5151 is incomplete and confusing. We have 

raised this issue with the appropriate offices and discussions have begun to address the 

concern. 

For the reason above, we deny your petition for rulemaking in accordance with § 11.73. 

Although the FAA has decided to deny the request, your comments and reasons for a rule 

change will be considered if the agency undertakes future rulemaking in this area. 

Accordingly, Docket No. FAA-2013-0784 is being closed.

Sincerely,

/s/

Franklin A. Black

Deputy Director, Airspace Services
Exhibit 10(g)



                 AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT



          THIS AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT is entered into as
of August 1, 1996, between JACOBSON STORES INC., a Michigan corporation, of
Jackson, Michigan (the "Company"), and JOSEPH H. FISHER ("Fisher").

          THE PARTIES HEREBY AGREE that paragraph 2 of the Executive
Employment Agreement between them, dated as of February 28, 1996 (the
"Employment Agreement") is amended to read as follows:

                  "2. Compensation. The Company agrees to pay Employee salary
          at an annual rate of $140,000, in bi-weekly or other regular
          intervals."

          Except as expressly amended hereby, the Employment Agreement shall
continue in full force and effect.

IN THE PRESENCE OF:                       JACOBSON STORES INC.


   /s/  Prudie DeWaters                   By:    /s/  James B. Fowler
-----------------------                       -----------------------
                                                 James B. Fowler,
                                                 Its:  President


   /s/  Prudie DeWaters                      /s/  Joseph H. Fisher
-----------------------                   ---------------------------
                                          Joseph H. Fisher
EXHIBIT 99.2

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

      In connection with the Annual Report on Form 10-K of Katy Industries, Inc.
(the "Company") for the period ending December 31. 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Amir
Rosenthal, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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, as amended; 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/ Amir Rosenthal
--------------------
Amir Rosenthal
Chief Financial Officer
April 14, 2003

* A signed of this written statement required by Section 906 has been provided
to Katy Industries, Inc. and will be retained by Katy Industries, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
|EXHIBIT 32.2
|------------

|CERTIFICATION
PURSUANT TO18 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 Atlas America Public #12-2003 Limited Partnership (the Partnership)
on Form 10-QSB for the period ending March 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Nancy J. McGurk,
Chief Financial Officer of the Managing General Partner, 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 Partnership.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------

| | By:    
            /s/ Nancy J. McGurk
           Name:    Nancy J. McGurk
           Title:      Chief Financial Officer of the Managing General Partner
           Dated:    May 13, 2004
| | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Evidence Table i1. Articles/arms for class ANTI-BACTERIAL (ORAL)./KERATOLYTIC (TOPICAL).

CompTrial Treatment Dose, route, frequency Comments, ancillary treatment

TARGET COMPARATOR Outcome

Table(s)

HEADING

Treatment Dose, route, frequency Comments, ancillary treatment

I.01.01 126 Cotrimoxazole 2 tablets oral bid. Discrete

Sulphur/resorci No dose information. 

nol/salicylic 

acid

Cotrimoxazole 2 tablets oral bid. 

Placebo No dose information. 

Cotrimoxazole every 

other week. 

I.01.02 126 Cotrimoxazole 2 tablets oral bid. Discrete

Sulphur/resorci No dose information. 

nol/salicylic 

acid

Cotrimoxazole 2 tablets topical qd. 

Tretinoin 0.05 % topical qd. 

I.02.01 323 Polyethylene No dose information. Continuous

scrub

Sulphur/salicyli No dose information. 

c acid

Tetracycline 250 mg oral bid. 

Water No dose information. 

avoidance

Benzoyl 5 % topical tid. 

peroxide

Tretinoin 0.05 % topical qhs. 

"(M)" indicates that data are found on the Multi-Arm tables. Evidence Table I HEADING: Page 1 of 1
**Exhibit 31.1**

 

**CERTIFICATION PURSUANT TO RULE 13a-14(a)/15d-14(a),**

**AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Paul F. McConnell, certify that:

 

1.     I have reviewed this quarterly report on Form10-Q of Curative Health Services, Inc.;

 

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

 

3.     Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

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

 

a.     Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

b.     Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

c.     Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.     The registrant’s other certifying officer(s)and I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors (or persons performing the equivalentfunctions):

 

a.     All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

b.     Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 
| Date:  May 22, 2006 |   |
|---------------------|--------|
|                |   |
|                | /s/    | Paul  F. McConnell |   |
|                |   | Paul F. McConnell |
|                |   | Chief Executive Officer |

 

----
----

Judgment of the Court of First Instance of 6 September 2006 — Italy and Wam v Commission

(Joined Cases T-304/04 and T-316/04) (1)

(State aid - Loans at reduced rates intended to make it possible to become established in certain non-member countries - Effect on trade between Member States and distortion of competition - Statement of reasons)

(2006/C 281/57)

Language of the case: Italian

Parties

Applicants: Italian Republic (represented initially by A. Cingolo, and subsequently by P. Gentili, lawyers) and Wam SpA (Cavezzo di Modena, Italy) (represented by E. Giliani, lawyer)

Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)

Re:

Application for annulment of Commission Decision 2006/177/EC of 19 May 2004 on State aid No C 4/2003 (ex NN 102/2002) implemented by Italy for WAM SpA (OJ 2006 L 63, p. 11).

Operative part of the judgment

The Court:

----

(1)OJ C 251 of 9.10.2004.

----