alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
***EXHIBIT 31.1***
*CERTIFICATIONS*
I, Mel Rhinelander, Chairman of the Board and Chief Executive Officer of Extendicare HealthServices, Inc., certify that:
 1.  I have reviewed this quarterly report on Form 10-Q of Extendicare HealthServices, Inc.  2.  Based on my knowledge, this report does not contain any untrue statement of amaterial 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 misleadingwith respect to the period covered by this report;  3.  Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;  4.  The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 (a)  Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  (b)  Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  (c)  Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) 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 ourmost recent evaluation of internal control over financial reporting, to theregistrant’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 oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  (b)  Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.                  /s/ Mel Rhinelander   Mel Rhinelander   Chairman of the Board and Chief Executive Officer   May 13, 2005   

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DOCK McNEELY,

Petitioner,

v.

LOU BLANAS,

Respondent.

 /

Civ. S-00-1358 DFL PAN P

NON-RELATED CASE ORDER

DOCK McNEELY, Civ. S-00-1508 WBS DAD

Plaintiff,

v.

SACRAMENTO COUNTY, et al.

Defendants.

 /

DOCK McNEELY, Civ. S-00-2797 DFL PAN P

Plaintiff,

v.

SACRAMENTO COUNTY, et al.

Defendants.

 /

Case 2:04-cv-01215-DFL -PAN Document 51 Filed 10/21/05 Page 1 of 3
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DOCK McNEELY, Civ. S-01-2084 EJG GGH P

Plaintiff,

v.

ROY K. SIMMONS, et al.

Defendants.

 /

DOCK McNEELY, Civ. S-03-2172 DFL PAN 

Plaintiff,

v.

EDWARD BONNER, et al.

Defendants.

 /

DOCK McNEELY, Civ. S-04-0062 DFL PAN 

Plaintiff,

v.

LOU BLANAS, et al.

Defendants.

 /

DOCK McNEELY, Civ. S-04-1215 DFL PAN 

Plaintiff,

v.

EDWARD BONNER, et al.

Defendants.

 /

Case 2:04-cv-01215-DFL -PAN Document 51 Filed 10/21/05 Page 2 of 3
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DOCK McNEELY, Civ. S-05-1401 MCE DAD

Plaintiff,

v.

SACRAMENTO COUNTY, et al.

Defendants.

 /

A Notice of Related Cases was filed concerning the abovecaptioned cases on September 27, 2005. See Local Rule 83-123

(E.D. Cal. 2005). On review of the cases, the court finds that

the cases ought not be related or reassigned. This order is

issued for informational purposes only, and shall have no effect

on the status of the cases, including any previous Related (or

Non-Related) Case Order of this court. Therefore, they shall not

be considered related. 

IT IS SO ORDERED.

DATED: 10/20/2005

DAVID F. LEVI

United States District Judge

Case 2:04-cv-01215-DFL -PAN Document 51 Filed 10/21/05 Page 3 of 3
No. 64873.

#### Iceland Products, Inc., et al. *v.*United States,

protests 59/30442, etc. (New York).

Opinion by

Wilson, J.

In accordance with stipulation of counsel that the merchandise consists of fish similar in all material respects to the fish blocks the subject of *The Lee Herrmann Co., a/c The Coldwater Seafood Corp.*v. *United States*(43 Cust. Ct. 49, C.D. 2101), the claim of the plaintiffs was sustained.
No. 64126.

protests 58/16532 and 58/17243 (New York).

#### Taylor Friedsam Co., Inc. *v.*United States,

Opinion by

Ford, J.

In accordance with stipulation of counsel that certain items of the merchandise consist of jacquard ribbon similar in all material respects to that the subject of *Beer Stern Import Corp.*v. *United States*(39 Cust. Ct. 294, C.D. 1944), the claim of the plaintiff was sustained.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JULIUS LEE JACKSON,

Plaintiff, No. CIV S-04-0983 LKK GGH P

vs.

STATE OF CALIFORNIA, et al.,

Defendants. ORDER

 /

Plaintiff has requested the appointment of counsel. The United States Supreme

Court has ruled that district courts lack authority to require counsel to represent indigent

prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

certain exceptional circumstances, the court may request the voluntary assistance of counsel

pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court

does not find the required exceptional circumstances. Plaintiff’s motion for the appointment of

counsel will therefore be denied.

/////

/////

/////

Case 2:04-cv-00983-LKK -GGH Document 59 Filed 03/30/06 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 9, 2006 motion

for the appointment of counsel is denied.

DATED: 3/29/06

/s/ Gregory G. Hollows

GREGORY G. HOLLOWS

UNITED STATES MAGISTRATE JUDGE

GGH:bb

jack0983.31

Case 2:04-cv-00983-LKK -GGH Document 59 Filed 03/30/06 Page 2 of 2
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--1

MICHAEL B. BIGELOW

Attorney at Law

State Bar Number 065211

428 J Street, Suite 350 

Sacramento, CA 95814

Telephone: (916) 443-0217

Attorney for Petitioner 

Stanley Green

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

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

)

Petitioner )

) 

) ORDER

v. )

)

YATES, et al ) 

)

Respondent. )

)

At the request of counsel, and for good cause shown, 

IT IS ORDERED THAT

The status conference heretofore set for August 16, 2005 at

10:00 AM is rescheduled for October 11, 2005 at 10:00 AM, 

in Redding California. The parties shall file a status memorandum

at least two weeks before the schedule status conference.

Dated: August 10, 2005

/s/ CRAIG M. KELLISON 

Craig M. Kellison

UNITED STATES MAGISTRATE JUDGE 

Case 2:04-cv-01835-MCE -CMK Document 17 Filed 08/11/05 Page 1 of 2
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--2

Case 2:04-cv-01835-MCE -CMK Document 17 Filed 08/11/05 Page 2 of 2
Before the Third Division,

July 31, 1944

No. 49649.

#### Protests 71584-K, etc., of Russell-Miller Milling Co. et al. (Buffalo).

Opinion by

Cline, J.

In accordance with stipulation of counsel that the merchandise is the same as. that the subject of *Richardson*v. *United States*(12 Cust. Ct. 6, C. D. 823), the protests were sustained to that extent.
COURT OF APPEALS OF VIRGINIA

Present: Judges Baker, Annunziata and Senior Judge Hodges Argued at Norfolk, Virginia

GREGORY WIGGINS MEMORANDUM OPINION * v. Record No. 0846-95-1 BY JUDGE JOSEPH E. BAKER APRIL 9, 1996 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF ACCOMACK COUNTY Glen A. Tyler, Judge Thomas L. Northam (Vincent, Northam & Lewis, on brief), for appellant. Monica S. McElyea, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

In this appeal by Gregory Wiggins (appellant) from his bench trial conviction by the Circuit Court of Accomack County (trial court), the sole issue presented is whether the evidence is sufficient to support appellant's conviction of attempted robbery. We have examined the record in this case and find that the evidence is sufficient to support his conviction. As the parties are conversant with the facts, we recite only those necessary to an understanding of this opinion and view the facts in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. Higginbotham v. Commonwealth , 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975).

* Pursuant to Code § 17-116.010 this opinion is not designated for publication.- 2 - Appellant told the police that he initially intended to purchase $40 worth of drugs from the victim, but, as the purchase was in progress, the victim grabbed the $40 and ran away. Appellant further told the police that he then decided that since the victim "was robbing me for my money, I may as well rob him for his cocaine and money." As the victim ran from the scene, appellant shot him in the leg. Robbery is not defined by statute in Virginia but, rather, is a common law crime. The common law defines robbery as "the taking, with intent to steal, of the personal property of another, from his person or in his presence, against his will, by

violence or intimidation." Mason v. Commonwealth , 200 Va. 253, 254, 105 S.E.2d 149, 150 (1958). An attempt is an "unfinished crime . . . composed of . . . the intent to commit the crime and the doing of some direct act toward its consummation, but falling short of the accomplishment of the ultimate design." Johnson v.

Commonwealth , 209 Va. 291, 293, 163 S.E.2d 570, 573 (1968). We hold that the evidence is sufficient to support the judgment of the trial court and, accordingly, that judgment is

affirmed.

Affirmed.
|   | Exhibit 32(a), Form 10-K |
|--------|--------------------------|

|   | Kansas City Life Insurance Company |
|--------|------------------------------------|

 

**KANSAS CITY LIFE INSURANCE COMPANY**

**SECTION 1350 CERTIFICATION**

Year            Ended 2007

The            undersigned certify that the registrant’s Form 10-K 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(a) or 78o(d)) and that information contained in the report fairly            represents, in all material respects, the financial condition and results of operations            of the registrant.

 

 

 

             

R.            Philip Bixby

President, Chief Executive Officer,

and            Chairman of the Board

 

 

 

Tracy            W. Knapp

Senior            Vice President, Finance

Date:            February 29, 2008
Exhibit 3.1
                                                                     -----------


                            CERTIFICATE OF AMENDMENT

                                     TO THE

                          CERTIFICATE OF INCORPORATION

                                       of

                              CHILES OFFSHORE INC.

                         PURSUANT TO SECTION 242 OF THE

                GENERAL CORPORATION LAW OF THE STATE OF DELAWARE

                                   ----------

THE UNDERSIGNED, being an authorized officer of Chiles Offshore Inc. (the
"Company"), hereby certifies that:

FIRST: The name of the Company is Chiles Offshore Inc.

SECOND: The original Certificate of Incorporation was filed with the Secretary
of State of the State of Delaware on September 21, 2000.

THIRD: Clause (iii) of Article EIGHT of said Certificate of Incorporation is
hereby deleted in its entirety and replaced with the following:

         "(iii) any sale, lease or exchange of all or substantially all of the
         assets of the Corporation and its subsidiaries (taken as a whole)".

FOURTH: The foregoing amendment of clause (iii) of Article EIGHT has been
adopted by the Board of Directors of the Company, and approved by the
affirmative vote of 66-2/3% of the voting power of the outstanding common stock
of the Company, in accordance with Section 242 of the General Corporation Law of
the State of Delaware and the Company's Certificate of Incorporation.

FIFTH: This certificate of Amendment shall be effective upon its filing with the
Secretary of State of the State of Delaware.



                                    [Signature page follows]

<PAGE>



IN WITNESS WHEREOF, the Company has caused this Certificate to Amendment to be
issued this 13th day of August, 2001.



                                 By:/s/ Dick Fagerstal
                                    -----------------------------------------
                                    Name: Dick Fagerstal
                                    Title: Senior Vice President
                                           and Chief Financial Officer
















                                       2
<PAGE>   1
                                                                    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 and 333-53908) and (iii)
Form S-3 (Nos. 2-84910, 33-26314, 33-23880, 33-42698, 33-44871, 33-45091,
33-46999, 33-54317, 33-69432, 333-04385, 333-40869, 333-44421, 333-55921,
333-68257, 333-54896, 333-55866 and 333-91257) of Kinder Morgan, Inc. of our
report dated February 14, 2001, except as to the third paragraph in Note 5 which
is as of May 2, 2001, relating to the financial statements and financial
statement schedule, which appears in this Amendment No. 2 on Form 10-K/A, and of
our report dated February 14, 2001 relating to the financial statements of
Kinder Morgan Energy Partners, L.P., which are incorporated by reference in this
Amendment No. 2 on Form 10-K/A.




/s/ PricewaterhouseCoopers LLP

Houston, Texas

May 2, 2001
##### 



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 Hayes Lemmerz International, Inc.
(the Company) on Form 10-Q/A for the quarterly period ended July 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Curtis J. Clawson, Chairman of the Board, President and Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350,
as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that, to
the best of my 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/ Curtis J. ClawsonCurtis J. Clawson
Chairman of the Board,
President and Chief Executive Officer
October 28, 2003
No. 51417.

#### Protest 113354-K of Butler Brothers (San Francisco).

Opinion by

Keefe, J.

It was stipulated that the merchandise consists' of common yellow, brown, red, or gray earthenware of the same kind in all material respects as that which was the subject of *American Import Co.*v. *United States*(15 Cust. Ct. 190, C. D. 970). In accordance therewith the claim of the plaintiff was sustained.
MEMORANDUM

To : File From : Marc Thomas Subject : Meeting with the American Forest & Paper Association Date : December 4, 2012

On December 4, 2012, EPA met with representativ es from the American Forest and Paper Association (AF&PA) to discuss the concept of “designed to bur n” within the context of the December 2011 Non-Hazardous Secondary Materi als (NHSM) proposed rule. AF&PA also identified and discussed three additional NHSM that it viewed as candidates for future categorical non-waste fuel dete rminations pursuant to 40 CFR 241.4. These NHSMs included: (1) paper recycling residuals (including old corru gated cardboard (OCC) re jects); (2) processed construction and demolition (C&D) wood; and (3) cr eosote-treated railroad ties. The Agency asked clarifying questions. Mate rials distributed duri ng the meeting are attached. A follow up conversation occurred the next day with senior ag ency officials. A list of meeting attendees is below.

List of Meeting Attendees :

EPA Representatives: Mathy Stanislaus Lisa Feldt Matt Straus Avi Garbow John Michaud Suzanne Rudzinksi Jim Berlow George Faison Kenneth Dixon Marc Thomas

AF&PA Representatives: Paul Noe Susan Bodine Jeff Shumaker (IP) Rich Garber (Boise) Vipin Varma (NCASI) Ben Cooper (New Page) Mike Curtis (GP) Bob Cleaves (BPA) Mike Rush (AAR) Jeff Petrich (BPA counsel) Rich GoldTim Hunt
<PAGE>   1


                                                                      EXHIBIT 23

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation by
reference in (i) Registration Statements on Form S-16, File Nos. 2-51894,
2-55664, 2-63470 and 2-75654; (ii) Registration Statements on Form S-8, File
Nos. 2-77752, 33-10747, 33-24934, 33-33018, 33-54403, 33-54443, 33-54555,
333-08059 and 333-08087; and (iii) Registration Statements on Form S-3, Files
Nos. 2-84910, 33-26314, 33-23880, 33-42698, 33-44871, 33-45091, 33-46999,
33-54317, 33-69432, 333-04385, 333-40869 and 333-44421 of our report dated
February 3, 1998, on the consolidated financial statements of K N Energy, Inc.
and subsidiaries for the year ended December 31, 1997 included in this Form
10-K.

                                                         /s/ Arthur Andersen LLP

Denver, Colorado
March 5, 1998
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Luna Innovations Incorporated (the Company) on Form 10-Q for the period ending
June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kent A. Murphy, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
906 of the Sarbanes-Oxley Act of 2002, that to my 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/ KENT A. MURPHY                   
|Kent A. Murphy, Ph.D.                
|President and Chief Executive Officer

September 9, 2009
Date: ' - fi , RaTS

Meeting: Rule(s) Discussed: GF>f' D 

### ~ Written Materials? Yes



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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MELVIN RAY BRUMMETT, JR.,

Plaintiff, No. CIV S-04-1797 GEB JFM P

vs.

CLAIR TESKE, et al.,

Defendants. ORDER

 /

On June 27, 2005, defendants filed a motion to dismiss pursuant to Federal Rule

of Civil Procedure 12(b). Plaintiff has not opposed the motion. 

Local Rule 78-230(m) provides in part: “Failure of the responding party to file

written opposition or to file a statement of no opposition may be deemed a waiver of any

opposition to the granting of the motion . . . .” On January 20, 2005, plaintiff was advised of the

requirements for filing an opposition to the motion and that failure to oppose such a motion may

be deemed a waiver of opposition to the motion. 

Local Rule 11-110 provides that failure to comply with the Local Rules “may be

grounds for imposition of any and all sanctions authorized by statute or Rule or within the

inherent power of the Court.” In the order filed January 20, 2005, plaintiff was advised that 

/////

Case 2:04-cv-01797-GEB -JFM Document 39 Filed 07/28/05 Page 1 of 2
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failure to comply with the Local Rules may result in a recommendation that the action be

dismissed.

Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the

date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a

statement of non-opposition. Failure to comply with this order will result in a recommendation

that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

DATED: July 27, 2005.

12

brum1797.46osc

Case 2:04-cv-01797-GEB -JFM Document 39 Filed 07/28/05 Page 2 of 2