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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6071

PATRICK BOVEA TAYLOR, SR.,

Plaintiff - Appellant,

versus

MS. DEAN, Correction Officer; BENRY SMITH;

RONALD GREEN; JESSE COAL; DONTAY TAYLOR;

RONALD CLARK,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, District Judge.

(CA-00-1476-AM)

Submitted: May 31, 2001 Decided: June 8, 2001

Before WILKINS, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Patrick Bovea Taylor, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
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PER CURIAM:

Patrick Bovea Taylor, Sr., appeals the district court’s order

denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. Taylor v. Dean, No. CA-00-1476-AM

(E.D. Va. filed Dec. 6, 2000; entered Dec. 7, 2000). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
**Exhibit 99.1**

 

**CERTIFICATION UNDER SECTION 906**

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

 

Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersignedcertifies that this periodic report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934 and thatinformation contained in this periodic report fairly presents, in all materialrespects, the financial condition and results of operations of VicuronPharmaceuticals Inc.

 

 
| Date:  May 15, 2003 | /s/ GEORGE F. HORNER III                              |   |
|--------------------------|-------------------------------------------------------|--------|
|                     | **George F. Horner III**                              |
|                     | *President and Chief Executive Officer*               |
|                     |                                                  |
|                     |                                                  |
| Date:  May 15, 2003 | /s/ DOV A. GOLDSTEIN, M.D.                            |   |
|                     | **Dov A. Goldstein, M.D.**                            |
|                     | *Vice President, Finance and Chief Financial Officer* |

 

----
Before the Second Division,

February 22, 1945

No. 50039.

#### Protests 942941-G, etc., of Lou I. Lubin, Inc. (New York).

Opinion by

Tilson, J.

The record established that certain items of the merchandise consist of racello hats similar in all material respects to those the subject of Abstract 47291, which record was admitted in evidence herein. In accordance therewith the'items in question were held dutiable as claimed.
#### UNITED STATES, Appellee v PHILLIP J. DILLARD, Private, U. S. Army, Appellant

20 USCMA 57, 42 CMR 249

No. 22,944

August 21, 1970

*Colonel Daniel T. Ghent, Captain Howard L. Kaplus,*and *Captain Stewart Pettet Davis*were on the pleadings for Appellant, Accused.

*Colonel David T. Bryant, Major Edwin P. Wasinger,*and *Captain Charles T. Frew*were on the pleadings for Appellee, United States.

Opinion of the Court

DARDEN, Judge:

In December 1969 this appellant was tried and convicted by a general court-martial at Fort Riley, Kansas, for various offenses, all committed during the months of September and October 1969. After findings, evidence of Article 15 punishment was admitted as Prosecution Exhibits 3 and 4. Dillard’s Enlisted Qualification Record (DA Form 20) was introduced in evidence as Prosecution Exhibit 5. A question now arises as to the admissibility of these exhibits.

Use of such evidence is permitted under the provisions of paragraph *75d,*Manual for Courts-Martial, United States, 1969 (Revised edition), effective August 1, 1969. Accordingly, in this case Prosecution Exhibits 3, 4 and 5 were admissible. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970); United States v Wheat, 19 USCMA 491, 42 CMR 93 (1970); United States v Derrell D. Smith, 19 USCMA 491, 42 CMR 93 (1970); and United States v Montgomery, 20 USCMA 35, 42 CMR 227 (1970).

The decision of the Court of Military Review is affirmed.

Chief Judge Quinn concurs.

FERGUSON, Judge

(concurring):

I concur because this has become the law of this Court. See my dissent in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).
No. 62535.

#### Fabry Associates, Inc. *v.*United States,

protest 327404-K (New York).

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of chairs similar in all material respects to those the subject of *Davies Turner & Co.*v. *United States*(45 C. C. P. A. 39, C. A. D. 669), the claim of the plaintiff was sustained.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

STANLEY GREEN, No. CIV S-04-1835-MCE-CMK

Petitioner, 

vs. ORDER

JAMES YATES, et al.,

Respondents.

 /

Petitioner, a state prisoner proceeding with appointed counsel and in forma

pauperis, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March

3, 2005, the court granted petitioner’s motion for appointment of counsel and set a status

conference in this case. On August 11, 2005, the court continued the date for the status

conference to October 11, 2005, and directed the parties to each submit a status conference

statements at least two weeks prior to the status conference. Following the parties’ failure to file

status report, the court vacated the October 11, 2005, status conference and ordered the parties to

show cause within 30 days why appropriate sanctions should not be imposed. 

/ / /

/ / /

Case 2:04-cv-01835-MCE -CMK Document 21 Filed 10/18/05 Page 1 of 2
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The parties, through their respective counsel, have each filed responses to the

court’s order to show cause setting forth excusable neglect for their failure to file status reports. 

Good cause appearing therefor, the court’s October 6, 2005, order to show cause is discharged.

As part of respondents’ response to the court’s order to show cause, respondents

offer their assessment of the status of this case. Petitioner has not offered his assessment. 

According to respondents, the petition appears to be timely, the entire record is available, all

claims have been exhausted in state court, and no discovery or evidentiary hearing are

anticipated. Respondents will, therefore, be directed to file a response to the petition. If

respondents file an answer to the petition, the answer shall be accompanied by any and all

transcripts or other documents relevant to the determination of the issues presented in the petition. 

See Rule 5, Fed. R. Governing § 2254 Cases.

Accordingly, IT IS HEREBY ORDERED that:

1. The October 6, 2005, order to show cause is discharged;

2. Respondents shall file a response to petitioner’s petition within 30 days

from the date of service of this order; and

3. Petitioner’s traverse, if an answer is filed, or opposition, if a motion is filed

in response to the petition, is due within 30 days after service of respondents’ answer or motion.

DATED: October 17, 2005.

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-01835-MCE -CMK Document 21 Filed 10/18/05 Page 2 of 2
Exhibit 23CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No.33-2496, No. 33-49380, No. 33-72606, No. 333-00933, No. 333-21999, No. 333-37136, No. 333-88088 andNo. 333-117992) of Keithley Instruments, Inc. of our report dated December 28, 2006 relating to theconsolidated financial statements, management’s assessment of the effectiveness of internal controlover financial reporting and the effectiveness of internal control over financial reporting, whichappears in this Form 10-K. We also consent to the reference to us under the heading “SelectedFinancial Data” in this Form 10-K./s/ PricewaterhouseCoopers LLP
**Exhibit 3.1**

RESTATED

ARTICLES OF INCORPORATION

OF

INTERNATIONALALUMINUM CORPORATION

a California corporation

ARTICLE I

The name of thiscorporation shall be:

INTERNATIONALALUMINUM CORPORATION

ARTICLE II

Thecorporation elects to be governed by all of the provisions of the GeneralCorporation Law of 1977, as amended, not otherwise applicable to it underChapter 23 thereof.

ARTICLE III

Thepurpose of this corporation is to engage in any lawful act or activity forwhich a corporation may be organized under the General Corporation Law ofCalifornia other than the banking business, the trust company business orpractice of a profession permitted to be incorporated by the CaliforniaCorporations Code.

ARTICLE IV

This corporationis authorized to issue two classes of shares to be designated respectivelyPreferred Stock and Common Stock.  Thetotal number of shares which this corporation shall have authority to issue is10,500,000; the aggregate par value of all shares that are to have a par valueshall be $15,000,000.  The number ofshares of Preferred Stock that are to have par value shall be 500,000 and thepar value of each share of such class shall be $10.00.  The number of shares of Common Stock that areto have a par value shall be 10,000,000 and the par value of each share of suchclass shall be $1.00.  The PreferredStock may be issued from time to time in one or more series.  The Board of Directors is hereby authorizedto fix or alter the dividend rights, dividend rate, conversion rights, votingrights, rights and terms of redemption (including sinking fund provisions), theredemption price or prices and the liquidation preferences of any whollyunissued series of Preferred Stock, and the number of shares constituting anysuch resolution originally fixing the number of shares of such series.

ARTICLE V

The liability ofthe directors of the corporation for monetary damages shall be eliminated tothe fullest extent permissible under California law.

ARTICLE VI

The corporation isauthorized to provide indemnification of agents (as defined in Section 317 ofthe California Corporations Code) for breach of duty to the corporation and itsshareholders through By-Law provisions or through agreements with agents, orboth, in excess of the indemnification otherwise permitted by Section 317 ofthe California Corporations Code, subject to the limits on such excessindemnification set forth in Section 204 of the California Corporations Code.

 

----
Exhibit
32.2





CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report of General Steel Holdings, Inc. (the
"Company") on Form 10-Q for the quarter ending June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned, in the capacities and on the date 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 operations of the
      Company.





Date:
      August 10, 2009
                  By:
                  /s/
      John ChenJohn
      Chen(Chief
      Financial
Officer)
<PAGE>

                                                                      EXHIBIT 24




                                     FORM OF
                                POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS, that the undersigned, an officer and/or director
of Jefferson-Pilot Corporation, a North Carolina holding company, does hereby
constitute and appoint John D. Hopkins, Robert A. Reed, Richard T. Stange, and
Andrea H. Fox, and each of them (with full power of substitution to appoint any
Senior Officer, Vice President, Secretary or Assistant Secretary of the Company)
as his or her true and lawful attorney and agent, to do any and all acts and
things and to execute any and all instruments which said attorney and agent may
deem necessary or advisable to enable the Corporation to comply with the
Securities Exchange Act of 1934, as amended, and any rules, regulations and
requirements of the Securities and Exchange Commission in respect thereof, in
connection with the filing of the annual report for the year 2001 or any later
year on Form 10-K, including specifically, but without limiting the generality
of the foregoing, the power and authority to sign for and on behalf of the
undersigned the name of the undersigned as officer and/or director of the said
corporation to any such Form 10-K or to any amendment thereto filed with the
Securities and Exchange Commission and to any instrument or document filed as
part of, as an exhibit to or in connection with, said Form 10-K; and the
undersigned does hereby ratify and confirm as his own act and deed all that said
attorney and agent (or the substitute) shall do or cause to be done by virtue
hereof.

IN WITNESS WHEREOF, the undersigned has subscribed these presents.






         (SEAL)
                                             -----------------------------------
                                             Name:
                                             Date: February 11, 2002



                                      E-8
Exhibit 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration Statements on(i) Form S-16 (Nos. 2-51894, 2-55664, 2-63470 and 2-75654), (ii) Form S-8 (Nos.2-77752, 33-10747, 33-24934, 33-33018, 33-54403, 33-54443, 33-54555, 333-08059, 333-08087,333-60839, 333-42178, 333-53908, 333-74864, and 33-46999), (iii) Form S-3 (Nos.2-84910, 33-26314, 33-23880, 33-42698, 33-44871, 33-45091, 33-54317, 33-69432, 333-04385,333-40869, 333-44421, 333-55921, 333-68257, 333-54896, 333-55866, 333-91257, 333-91316-02,333-102963 and 333-102962-02) and (iv) Form S-4 (No. 333-102873) of Kinder Morgan,Inc. of our report dated March 3, 2004 relating to the financial statements, which appearsin this Form 10-K, and of our report dated March 3, 2004 relating to the financialstatements of Kinder Morgan Energy Partners, L.P., which appears in Kinder Morgan EnergyPartners, L.P.'s Annual Report on Form 10-K which is incorporated by reference in thisForm 10-K.

PricewaterhouseCoopers LLP

Houston, TexasMarch 4, 2004

----
Form of 8% Amended and Restated Demand Promissory Note



 Exhibit 4.14 
 AMENDED AND RESTATED DEMAND PROMISSORY NOTE 
  

			
	AMOUNT:	  	US$50,000
		
	DATE:	  	June 26, 2008

 This AMENDED AND RESTATED DEMAND PROMISSORY NOTE (the “Note”) amends and
restates, in its entirety, the Demand Promissory Note executed on June 6, 2008, by ClearPoint Business Resources, Inc. (the “Company”) in favor of Parker Drew (the “Lender”) in the original principal amount of
$50,000 (Fifty Thousand U.S. Dollars) (the “Original Principal Amount”). 
 For value received, the Company promises to pay
the Lender the Original Principal Amount on demand, with an interest rate of eight percent (8%) per annum – interest to be paid quarterly. The Company shall have the right to repay this Note in shares of common stock of the Company, at a
price of $             per share (the closing price of the Company’s shares on June 26, 2008). The Company waives presentment, demand, notice of dishonour and protest or
further notice of any kind and agrees that it shall remain liable in respect of this Note as if presentment, demand, notice of dishonour and protest had been duly made or given. 
  

			
	FULL VALUE RECEIVED:
	 CLEARPOINT BUSINESS RESOURCES, INC.

		
	 By:
	 	  

	 Name:
	 	  

	 Title:
	 	  

	
	ACKNOWLEDGED AND ACCEPTED:
	
	  

	 Parker Drew
Exhibit 31.2 - Certification

I, John Chen, certify that:

1.   I  have  reviewed  this  quarterly   report  on  Form  10-QSB  of  American
     Construction Company;

2.   Based on my knowledge,  this  quarterly  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 quarterly report;

3.   Based on my  knowledge,  the  financial  statements,  and  other  financial
     information  included  in this  quarterly  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
     quarterly report;

4.   I am 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 I have:

     a) designed such disclosure controls and procedures 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  quarterly  report is being
     prepared;
     b) evaluated the effectiveness of the registrant's  disclosure controls and
     procedures  as of a date  within 90 days prior to the  filing  date of this
     quarterly report (the "Evaluation Date"); and
     c)  presented  in  this  quarterly   report  our   conclusions   about  the
     effectiveness  of the  disclosure  controls  and  procedures  based  on our
     evaluation as of the Evaluation Date;

5.   I have disclosed,  based on our most recent evaluation, to the registrant's
     auditors and the audit  committee of  registrant's  board of directors  (or
     persons   performing  the   equivalent   function):   a)  all   significant
     deficiencies  in the design or operation of internal  controls  which could
     adversely affect the registrant's ability to record, process, summarize and
     report financial data and have identified for the registrant's auditors any
     material weaknesses in internal controls;  and b) any fraud, whether or not
     material,   that  involves   management  or  other  employees  who  have  a
     significant role in the registrant's internal controls; and

6.   I have  indicated  in this  quarterly  report  whether  or not  there  were
     significant  changes in internal  controls or in other  factors  that could
     significantly  affect internal controls  subsequent to the date of our most
     recent  evaluation,   including  any  corrective  actions  with  regard  to
     significant deficiencies and material weaknesses.

Date: November 12, 2004

/s/ John Chen
Chief Financial Officer
Case No. 13,776.

#### In re TAYLOR et al.

[1 Wkly. Notes Cas. 16.]

District Court, E. D. Pennsylvania.

Oct. 1, 1874.

Bankruptcy — Amended Act — Effect on Pending Proceedings — Readjudication.

Adjudication under section 12, Act 1874 [IS Stat. 182], when petition filed before act.

*731[In the matter of William N. Taylor & Co., bankrupts.]

A petition for adjudication was filed in this case previous to the passage of the amendments of June 22, 1874. An adjudication was not had, however, thereon, until subsequent thereto, section 12 of said amendment being retrospective. A petition signed by the requisite amount in number and value of their creditors was filed, praying the court to make such order of confirmation or adjudication as would validate such proceedings.

TAYLOR, In re. See Case No. 11,977

Mr. Cleeman, for petitioning creditors.

THE COURT

vacated the warrant heretofore issued, and newly adjudged said firm bankrupts, and ordered the issuing of a new order of adjudication.
EXHIBIT 32

                           SECTION 1350 CERTIFICATIONS

In connection with the Annual Report of Corus Bankshares, Inc. (the "Company")
on Form 10-K for the period ending December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
J. Glickman, 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.

A signed original of this written statement required by Section 906 has been
provided to Corus Bankshares, Inc. and will be retained by Corus Bankshares,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.

March 13, 2006                                           /s/ ROBERT J. GLICKMAN
                                                         ----------------------
                                                         Robert J. Glickman
                                                         Chief Executive Officer

In connection with the Annual Report of Corus Bankshares, Inc. (the "Company")
on Form 10-K for the period ending December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Tim H.
Taylor, 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 results of operations
          of the Company.

A signed original of this written statement required by Section 906 has been
provided to Corus Bankshares, Inc. and will be retained by Corus Bankshares,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.

March 13, 2006                                           /s/ TIM H. TAYLOR
                                                         ----------------------
                                                         Tim H. Taylor
                                                         Chief Financial Officer