alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SCWC-21-0000348

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

DWIGHT J. VICENTE, 

Petitioner/Claimant-Appellant/Appellant,

vs.

HILO MEDICAL INVESTORS, LTD., 

Respondent/Employer-Appellee/Appellee,

and

AMERICAN HOME ASSURANCE COMPANY/AIG CLAIMS SERVICES,

Respondent/Insurance Carrier-Appellee/Appellee,

and

JOHN MULLEN & COMPANY, INC.,

Respondent/Insurance Adjuster-Appellee/Appellee. 

 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-21-0000348; CASE NO. AB 2015-259(H)(S);

DCD NO. 1-87-00882)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)

Petitioner Dwight J. Vicente’s application for writ of

certiorari, filed on November 24, 2021, is hereby rejected.

DATED: Honolulu, Hawai#i, December 14, 2021.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins

Electronically Filed

Supreme Court

SCWC-21-0000348

14-DEC-2021

08:55 AM

Dkt. 7 ODAC
**
Certification of the Chief Financial OfficerPursuant to 18 U.S.C. 1350(Section 906 of the Sarbanes-Oxley Act of 2002)  
            I,Frederic F. Brace, the Executive Vice President and Chief Financial Officerof United Air Lines, Inc. (the "Company") certify that to the best of myknowledge, based upon a review of the quarterly report on Form 10-Q forthe period ended March 31, 2006 of the Company (the "Report"):(1)  The Report fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
(2)  The information contained in the Report fairly presents, inall material respects, the financial condition and results of operationsof the Company.  /s/ Frederic F. Brace________Frederic F. BraceUnited Air Lines. Inc.Executive Vice President and Chief Financial OfficerMay 15, 2006

**
99-0557 (La. 4/23/99)

#### BANQUE DE DEPOTS v. BOZEL MINERACAO E FERROLIGAS.

No. 99-C-0557.

Supreme Court of Louisiana.

April 23, 1999.

IN RE: De Ferroligas, Companhia P.; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of St. Bernard 34th Judicial District Court Div. “D” Number 63-589, 64-833; to the Court *883of Appeal, Fourth Circuit, Number 98CA-0742

Denied.

JOHNSON, J. not on panel.
### Geohydrology and water utilization in the Willcox Basin, Graham and Cochise Counties, Arizona

By: S. G. BrownHerbert H. Schumann

                            https://doi.org/10.3133/wsp1859F

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (pdf)
  - **Plate 2**                            (pdf)
  - **Plate 3**                            (pdf) 
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
EXHIBIT 31.2
CERTIFICATION OF CHIEF FINANCIAL OFFICER
     I, John Harrison, certify that:
     1. I have reviewed this annual report on Form 10-K of SkilledHealthcare Group, Inc.;
     2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with 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 respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
     4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act 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, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;
     (b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions aboutthe effectiveness of the disclosure controls and procedures, as of the endof the period covered by this report 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 mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case ofan annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financialreporting; and
     5. The registrant’s other certifying officers and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’sboard of directors (or persons performing the equivalent functions):
     (a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and
     (b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.
Dated: March 30, 2004    /s/ JOHN H. HARRISON   John Harrison Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         84,013
<SECURITIES>                                   962,027
<RECEIVABLES>                                  521,644
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 1,574,170
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    500,000
<COMMON>                                       530,110
<OTHER-SE>                                     14,041
<TOTAL-LIABILITY-AND-EQUITY>                   1,574,170
<SALES>                                        0
<TOTAL-REVENUES>                               53,703
<CGS>                                          0
<TOTAL-COSTS>                                  271
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   53,432
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
##### 



O2Diesel Corporation
(A Development Stage Company)
March 31, 2005 EXHIBIT 32.1 CERTIFICATION PURSUANT TO
18 U.S.C. Sec.1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of O2Diesel Corporation (the Company) on Form 10-QSB for
the period ended March 31, 2005, as filed with the Securities and Exchange Commission on the date
here of (the Report),I, Alan Rae, Chief Executive Officer of the Company and I, David Koontz, Chief Financial Officer of
the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge 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 this Report fairly presents, in
all material respects, the financial condition and results of operations of
the Company. Date: May 16, 2005By:
    /s/
    Alan Rae
    
    By:
    /s/
    David KoontzName: Alan Rae
    
    
    
    Name: David KoontzTitle: Chief Executive Officer
    
    
    
    Title: Chief Financial Officer(Principal Executive Officer)
    
    
    
    (Principal Executive Officer)
 This certificate is being made for the exclusive purpose of compliance by the Chief Executive
Officer and Chief Financial Officer of the Company with the requirements of Section 906 of the
Sarbanes-Oxley Act of 2002, and may not be disclosed, distributed or used by any person or for any
reason other than as specifically required by law. A signed original of this written statement required by Section 906 has been provided to O2Diesel
Corporation and will be retained by O2Diesel Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 21, 2006 Charles R. Fulbruge III Clerk REVISED JUNE 22, 2006
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41001 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JAIME HERNANDEZ-MENDEZ, also known as Ramon Martinez-Mendez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-454-ALL

-------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM: * Jamie Hernandez-Mendez appeals his guilty plea conviction and sentence for illegal reentry following deportation. Hernandez-Mendez argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b) are unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466 (2000). Hernandez-Mendez’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998).No. 05-41001 -2- Although Hernandez-Mendez contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi , we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). Hernandez-Mendez properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review. The judgment of the district court is AFFIRMED.
#### IN RE: MEMORANDUM OPINIONS

700 S.W.2d 63

Court of Appeals of Arkansas En Banc

Opinion delivered November 27, 1985

Per Curiam.

In a per curiam opinion dated May 2,1984, *see*11 Ark App. 308, we stated that it had become necessary, in attempting to keep our docket current, to increase the number of cases submitted each week and to employ, under the authority of Supreme Court and Court of Appeals Rule 21, the use of brief memorandum opinions not designated for publication. We are today modifying the per curiam opinion of May 2,1984, to give *302notice that hereafter memorandum opinions may be issued in any or all of the following cases:

(a) Where the only substantial question involved is the sufficiency of the evidence;

(b) Where the opinion, or findings of fact and conclusions of law, of the trial court or agency adequately explain the decision and we affirm;

(c) Where the trial court or agency does not abuse its discretion and that is the only substantial issue involved; and

(d) Where the disposition of the appeal is clearly controlled by a prior holding of this court or the Arkansas Supreme Court and we do not find that our holding should be changed or that the case should be certified to the supreme court.

These cases will be submitted as “extra” cases and will not affect the disposition of cases entitled by law to preferential submission. Memorandum opinions may also be used in other cases from time to time, but an opinion in conventional form will be issued in any case where the court deems it necessary or desirable.
**Exhibit32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

I, Harry E. Gruber, M.D.,President and Chief Executive Officer of Kintera, Inc. (the “Registrant”), dohereby certify in accordance with 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

 

(1)           the Quarterly Report on Form 10-Q of the Registrant, towhich this certification is attached as an exhibit (the “Report”), fullycomplies with the requirements of Section 13(a) of the Securities Exchange Actof 1934; and

 

(2)           the information contained in the Report fairly presents,in all material respects, the financial condition and results of operations ofthe Registrant.

 

 

Dated: November 15, 2004

 

 
| /s/ Harry E. Gruber, M.D.              |
|----------------------------------------|
| Harry E. Gruber, M.D.                  |
| President and Chief  Executive Officer |
| (Principal Executive  Officer)         |

 

A signed original of this written statementrequired by Section 906, or other document authenticating, acknowledging, orotherwise adopting the signature that appears in typed form within theelectronic version of this written statement required by Section 906, has beenprovided to Kintera and will be retained by Kintera and furnished to theSecurities and Exchange Commission or its staff upon request.

 

 

 

----
No. 62074.

#### W. J. Byrnes & Co. of N. Y., Inc. *v.*United States,

protest 314321-K (A) (New York).

*600Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of goatskins the same in all material respects as those the subject of *Nawi Noonoo & Co. et al.*v. *United States*(39 Cust. Ct. 57, C. D. 1904), the claim of the plaintiff was sustained.
[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Notices]
[Page 27167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9161]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 10852 and <greek-i> 10853]


New York Disaster Number NY-00045

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

-----------------------------------------------------------------------

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of New York (FEMA-1692-DR), dated 4/24/
2007.
    Incident: Severe Storms and Inland and Coastal Flooding.
    Incident Period: 4/14/2007 through 4/18/2007.
    Effective Date: 5/3/2007.
    Physical Loan Application Deadline Date: 6/25/2007.
    EIDL Loan Application Deadline Date: 1/24/2008.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster 
declaration for the State of New York, dated 4/24/2007 is hereby 
amended to include the following areas as adversely affected by the 
disaster:

Primary Counties:
    Albany, Dutchess, Richmond.
Contiguous Counties:
    New York: Columbia, Greene, Rensselaer, Saratoga, Schenectady, 
Schoharie.
    Connecticut: Litchfield.
    Massachusetts: Berkshire.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E7-9161 Filed 5-11-07; 8:45 am]
BILLING CODE 8025-01-P
#### Minamoto Trading Co. *v.*United States

No. 8022.

Entered at San Francisco, Calif.

Entry Nos. 9500; 12215.

(Decided July 5, 1951)

*Lawrence & Tuttle (George B. Tuttle*of counsel) for the plaintiff.

*David N. Edelstein,*Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

These appeals for reappraisement have been submitted for decision upon the following stipulation of counsel for the parties hereto:

> It is hereby stipulated as follows between counsel for plaintiff and the Assistant Attorney General for the United States, concerning the merchandise referred to herein:

> 1) That the merchandise involved in the appeals enumerated above consists of articles or fabrics made of rayon, which in all material respects is such or similar to the rayon in the articles the subject of decision in US v. Nippon Dry Goods Co., RD 5006, affirming RD 4704; that the issue herein and conditions as to the market value are the same as the issue and conditions as to market value in the cited case, and the record in said case is hereby incorporated herein.

> 2) That the appraised values of the rayon articles or fabrics covered by these appeals, less any additions made by the importer by reason of the so-called Japanese consumption tax, to meet advances made by the appraiser in similar cases, represent the prices, at the time of exportation of such merchandise to the United States, at which such or similar merchandise was freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, for exportation to the United States, and that there were no higher foreign values at the time of exportation thereof.

> 3) That the appeals herein are abandoned as to all merchandise except rayon articles or fabrics, and these cases are submitted on the foregoing stipulation.

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the rayon articles or fabrics here *401involved, and that such values are the appraised values, less any additions made by the importer by reason of the so-called Japanese consumption tax to meet advances made by the appraiser in similar cases.

The appeals having been abandoned insofar as they relate to all other merchandise, to that extent the appeals are hereby dismissed.

Judgment will be rendered accordingly.
Before the Second Division,

March 31, 1943

No. 48155.

#### Protest 79946-K of Butler Bros. (Seattle).

Opinion by

Tilson, J.

It was stipulated that certain of the wreaths in question are similar to those involved in *United States*v. *Minami*(29 C. C. P. A. 169, C. A. D. 188). They were therefore held dutiable as claimed, as articles having .as an essential feature an electrical element or device* such as signs, at 25 percent ,ad valorem under paragraph 353 as amended.
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 The PBSJ Corporation (the Company) on Form 10-Q for the period ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, W. Scott DeLoach, Chief Financial 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:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |     |  |                         |  |                                         
|----------------- |  |  |  | --- |  | ----------------------- |  | ----------------------------------------
|February 13, 2004 |  |  |  | By: |  | /s/    W. Scott DeLoach
|                  |  |  |  |     |  |                         | 
|                  |  |  |  |     |  |                         |  | W. Scott DeLoach Chief Financial
Officer
<PAGE>
                                                                   EXHIBIT 10.31


                        EMPLOYMENT AGREEMENT AMENDMENT

This Employment Agreement Amendment ("Amendment") is entered into as of this
20th day of January, 2000 by and between SEALY CORPORATION, a Delaware
corporation (the "Company"), and Larry J. Rogers (the "Employee").

WHEREAS, the Company and Employee have previously entered into an Employment
Agreement (the "Agreement") dated August 1, 1997;

WHEREAS, since the date of the Agreement, the Employee has moved from Canada to
the United States and is now paid in U.S. Dollars;

WHEREAS, both the Company and the Employee now desire to amend the Agreement as
set forth below;

NOW, THEREFORE, the Company and the Employee hereby agree as follows:

        Subsection 3 (a) of the Agreement is hereby is amended by deleting the
        words "at the rate of Two Hundred Forty Thousand Five Hundred Canadian
        Dollars (CDN $249,500.00)" and inserting in their place the following
        words "of at least Two Hundred Thousand U.S. Dollars (US $200,000.00)".

IN WITNESS WHEREOF, the Company and the Employee have executed this Agreement as
of the day and year first written above.



SEALY CORPORATION                             EMPLOYEE


By
  --------------------------                  ------------------------------
                                              Larry J. Rogers

Name
    ------------------------

Title
     -----------------------