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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6975

JOE D. BARFIELD,

Petitioner - Appellant,

versus

T. R. CARROLL,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Louise W. Flanagan, Chief

District Judge. (5:06-hc-02213-FL)

Submitted: October 29, 2007 Decided: December 3, 2007

Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Joe D. Barfield, Appellant Pro Se. Clarence Joe DelForge, III,

NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Joe D. Barfield seeks to appeal the district court’s

order denying relief on his 28 U.S.C. § 2254 (2000) petition. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Barfield has

not made the requisite showing. Accordingly, we deny a certificate

of appealability and dismiss the appeal. 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. 

DISMISSED
<PAGE>   1
                                                                    Exhibit 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-85785) of EarthCare Company of our report dated
April 7, 2000 except for the last sentence of Note 5(A), as to which the date is
April 14, 2000 relating to the consolidated financial statements, which appears
in this Form 10-K. We also consent to the incorporation by reference of our
report dated April 7, 2000 except for the last sentence of Note 5(A), as to
which the date in April 14, 2000 relating to the financial statement schedule,
which appears in this Form 10-K.


PricewaterhouseCoopers LLP

Tulsa, Oklahoma
April 13, 2000
<TABLE> <S> <C>

<ARTICLE> 5
<CIK>                                      0001057836
<NAME>                                     ADVANCED ACCESSORY SYSTEMS LLC
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          27,348
<SECURITIES>                                         0
<RECEIVABLES>                                   43,523
<ALLOWANCES>                                     1,699
<INVENTORY>                                     34,408
<CURRENT-ASSETS>                               111,748
<PP&E>                                          55,928
<DEPRECIATION>                                   8,411
<TOTAL-ASSETS>                                 265,483
<CURRENT-LIABILITIES>                           47,373
<BONDS>                                        197,126
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      16,444
<TOTAL-LIABILITY-AND-EQUITY>                   265,483
<SALES>                                        188,678
<TOTAL-REVENUES>                               188,678
<CGS>                                          135,556
<TOTAL-COSTS>                                  135,556
<OTHER-EXPENSES>                                57,067
<LOSS-PROVISION>                                   321
<INTEREST-EXPENSE>                              12,627
<INCOME-PRETAX>                                    712
<INCOME-TAX>                                   (2,856)
<INCOME-CONTINUING>                              3,471
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  7,416
<CHANGES>                                            0
<NET-INCOME>                                   (3,945)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.1



CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report ofSouth Shore Resources Inc.(the "Company") on Form 10-Q for the period endedSeptember 30, 2008as filed with the Securities and Exchange Commission on the date here of (the "report"), I,Richard Wachter, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| |   

Dated this 12thday of November, 2008.

RICHARD WACHTERRichard WachterChief Financial Officer























---
Exhibit 32.2

 

CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of **FirstBingo.com** (the "Company") on Form 10-QSB for the period ended **June 30, 2004** as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Thomas M. Sheppard, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 12th day of August, 2004.

 
/s/ Thomas M. Sheppard 
Thomas M. Sheppard  
Chief Executive Officer
No. 65771.

#### Seedman International Corp. *v.*United States,

protest 61/2135-11687 (Chicago).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise and issues herein are similar in all material respects to those the subject of *United States*v. *Schmidt Pritchard & Co. et al.*(47 C.C.P.A. 152, C.A.D. 750), the claim of the plaintiff was sustained.
#### INTERNATIONAL EXPEDITERS, INC., et al. *v.*UNITED STATES

No. 6568.

Entry No. 726271, etc.

Invoices dated London, England, February 1945, etc.

Certified February 1945, etc.

Entered at New York, N. Y., March 31, 1945, etc.

(Decided December 4, 1946)

*John D. Rode*for the plaintiffs.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Tilson, Judge:

The appeals listed in schedule A, hereto attached and made a part hereof, involve the question of whether or not the so-called British purchase tax should be included as a part of the dutiable value of the merchandise. The record upon which these appeals have been submitted shows that the issues herein are the same in all material respects as were the issues involved in *United States*v. *Pitcairn,*C. A. D. 334, and the record therein has been admitted in evidence in this case.

Upon the established facts and following the authority cited, I find and hold the proper dutiable export values of the merchandise covered by these appeals to be the values found by the appraiser, less any additions made by the importers on entry to meet advances made by the appraiser in similar eases then pending on appeal. Judgment will be rendered accordingly.
Exhibit 21.1

SUBSIDIARIES OF ELECTRONICS BOUTIQUE HOLDINGS CORP.

|1.  |  | EB Investment Corpa Delaware corporation                         
|--- |  | ------------------------------------------------------------------
|2.  |  | Electronics Boutique of America Inc.a Pennsylvania corporation   
|3.  |  | Electronics Boutique Canada Inc.a Canadian corporation           
|4.  |  | EB Catalog Companya Nevada corporation                           
|5.  |  | Elbo, Inc.a Delaware corporation                                 
|6.  |  | EB Finance, Inc.a Delaware corporation                           
|7.  |  | EB International Holdings, Inc.a Delaware corporation            
|8.  |  | Electronics Boutique Australia Pty. Ltdan Australian company     
|9.  |  | Electronics Boutique Korea Inc.a Korean Corporation              
|10. |  | Electronics Boutique Denmark Holdings ApSa Danish private company
|11. |  | Electronics Boutique Denmark ApSa Danish private company         
|12. |  | Electronics Boutique Norway ASa Norwegian private company        
|13. |  | EB Italy srl, an Italian company                                  
|14. |  | Tradition Svenska AB, a Swedish company                           
|15. |  | Electronics Boutique AG, a German company                         
|16. |  | EB Specialty Services, Inc.a Delaware corporation                

---

QuickLinks
EXHIBIT 99.1

                 STATEMENT OF CHIEF EXECUTIVE OFFICER REGARDING
            FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS


I, Stephen D. Wilson state and certify as follows:

         The financial statements filed with the report on Form 10-QSB for the
period ended March 31, 2003 fully comply with the requirements of Sections
13(a) and 15(d) of the Securities Exchange Act of 1934 and that the information
contained in said periodic report fairly presents, in all material respects, the
financial condition and results of operations of California Clean Air, Inc.

         This Statement is submitted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.



Dated: August 21, 2003                                 /s/ STEPHEN D. WILSON
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 188 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 188

To designate the United States courthouse under construction at 98 West 
   First Street, Yuma, Arizona, as the ``John M. Roll United States 
                             Courthouse''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2011

  Mr. McCain (for himself and Mr. Kyl) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
To designate the United States courthouse under construction at 98 West 
   First Street, Yuma, Arizona, as the ``John M. Roll United States 
                             Courthouse''.

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

SECTION 1. JOHN M. ROLL UNITED STATES COURTHOUSE.

    (a) Designation.--The United States courthouse under construction, 
as of the date of enactment of this Act, at 98 West First Street, Yuma, 
Arizona, shall be known and designated as the ``John M. Roll United 
States Courthouse''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the United States 
courthouse referred to in subsection (a) shall be deemed to be a 
reference to the ``John M. Roll United States Courthouse''.
                                 <all>
```
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 Huifeng Bio-Pharmaceutical Technology,
Inc. on Form 10-Q for the period ended September 30, 2010 as filed with the
Securities and Exchange Commission on the date hereof, I, Jing’an Wang, 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:
  1. The
Report 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 result of operations of the Company.
  Date:
November 15, 2010
  /s/
      Jing’an WangJing’an
      Wang
                    Chief
      Executive Officer (Principal Executive
Officer)
No. 43190.

#### Protests 609194-G, etc., of New York Merchandise Co., Inc., et al. (New York).

Opinion by

Tilson, J.

It was stipulated that certain items consist of harmonicas similar to those involved in Abstract 40586. The claim at 40 percent under paragraph 1541 was therefore sustained as to these items. The tennis rackets were held dutiable at 30 percent under paragraph 1502. *May*v. *United States*(T. D. 47760) followed.
No. 43251.

#### Protests 984079-G, etc., of Dan Brechner & Co. (New York).

Opinion by

Tilson, J.

It was stipulated that the merchandise consists of spring daggers the same as those involved in Abstract 37637. The claim at 45 percent under paragraph 397 was therefore sustained.
Linuron Human Health Ris k Assessment DP No. D415741 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460 **OFFICE OF CHEMICA**  **L SA FETY**  **AND POLLUTION PREVENTION**  **MEMORANDUM Date**  **:** November 5 , 2013 **Subject :**  **Addendum. Linuron**  **.** Section 3 Human Health Risk Assessment for Proposed

Use on Coriander, Dill, Horseradish, Parsley , Celeriac, Rhubarb, and Pea (Dry). **PC Code:** 035506 **DP Barcode:** D4 15741 **Decision No.:** 4697 2 2 **Registration No.:** 61842 - 23 **Petition No .:**  2E8083 **Regulatory Action:** Section 3 Registration **Case No.:** 0047 **Risk Assessment Type:** Single Chemical Aggregate **TXR No.:** NA **CAS No.:** 330 - 55 - 2 **MRID No.:** NA **40 CFR:** §180.184 **From:** Nancy

Tsaur, Chemist Risk Assessment Branch 3 Health Effects Division (7509P) **Through:** Christine Olinger , Branch Chief

Risk Assessment Branch 3 Health Effects Division (7509P) **To:** Laura Nollen , Risk Manager

Risk Integration Minor Use and Emergency Response Branch Division (7505P) This document provides a recommended revision to the tolerance expression for linuron.Linuron Human Health Ris k Assessment DP No. D415741

According to HED’s Interim Guidance on Tolerance Expressions (S. Knizner , 0 5/27/20 09), the tolerance expressions for linuron should be revised as follow s : Under 40 CFR §180.184(a) General : “Tolerances are established for residues of the herbicide linuron [ 3 - (3,4 - dichlorophenyl) - 1 - methoxy- 1 - methylurea] , including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified below is to be determined by measuring only those linuron residues convertible to 3,4 - dichloroaniline, calculated as the stoichiometric equivalent of linuron, in or on the commodity .” Under 40 CFR §180.184(b) Section 18 emergency exemptions : “ Time - limited tolerances are established for residues of the herbicide linuron [ 3 - (3,4 - dichlorophen yl ) - 1 - methoxy- 1 - methylurea] , including its metabolites and degradates, in or on the commodities in the table below, resulti ng from use of the pesticide pursuant to FIFRA section 18 emerg ency

exemptions. Compliance with the tolerance levels specified below is to be determined b y measuring onl y those linuron residues convertible to 3,4 - dichloroaniline, calculated as the stoichi ometric equivalent of linuron, in or on the commodity . The tolerance expires and is revoked on the date specified in the table. Under 40 CFR §180.184( c ) Tolerances with regional registrations : “ Tolerances with regional registrations, as defined in §180.1(l), are established for residues of the herbicide linuron [ 3 - (3,4 - dichlorophenyl) - 1 - methoxy- 1 - methylurea ] , including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified below is to be determined by measuring only tho se linuron residues convertible to 3,4 - dichloroaniline, calculated as the stoichiometric equivalent of linuron, in or on the commodity .”
Filed by Automated Filing Services Inc. (604) 609-0244 - Nextgen Biosciences Inc. - Exhibit 10.6






EXHIBIT 10.6

NextGen Bioscience, Inc. 
(formerly Infrablue US Inc.) 
130
Shaftesbury Avenue 
London 
W1D 5EU

Westport Strategic Partners, Inc. 
110 E. Broward Blvd.,

Suite 1700, 
Ft. Lauderdale, 
Florida 33301

26th November, 2007

Dear. Mr. Safina,

Following our conversations and agreement to terminate the
contract dated 21st August, 2006 between Infrablue US Inc. and
Westport Strategic Partners, Inc. Please have the director of Westport Strategic
Partners, Inc. confirm and sign the below letter agreement.

Yours truly,

/s/ Mitchell Johnson

Mitchell Johnson
President – NextGen Bioscience Inc.
(formerly Infrablue US Inc.)

I, Joseph Safina am the Director and authorized
signatory of Westport Strategic Partners, Inc. I confirm that as at Monday
26th November, 2007 we have agreed to terminate the consulting
services agreement with Infrablue US Inc. with immediate effect. I also confirm
that upon receipt of 150,000 shares of NXGB.OB being issued to Westport
Strategic Partners, Inc. all debt earned by the Agreement dated August 21, 2006
will be written off. 

	 	/s/ Joseph Safina 
	Signed: 	________________________
	  	  
	Date: 	        26th
      November,
      2007
<PAGE>

                                                                     EXHIBIT 4.3
                       AMENDMENT NO. 2 TO RIGHTS AGREEMENT


1.       GENERAL BACKGROUND. In accordance with Section 26 of the Rights
         Agreement between First Chicago Trust Company of New York and Smith
         International, Inc. dated June 8, 2000 (the "Agreement"), the parties
         desire to amend the Agreement.

         On April 25, 2001, the Board of Directors of Smith International, Inc.
         approved the assignment of the Rights Agreement between First Chicago
         Trust Company of New York and Smith International, Inc. dated June 2,
         2000 (the "Agreement") to EquiServe Trust Company, N.A., effective as
         of July 1, 2001. A subsequent amendment to the Agreement effective
         October 1, 2001, however, was made in error by and between First
         Chicago Trust Company of New York and Smith International, Inc.

2.       EFFECTIVENESS. This Amendment shall be effective as of December 31,
         2002 (the "Amendment") and all defined terms and definitions in the
         Agreement shall be the same in the Amendment except as specifically
         revised by the Amendment.

3.       REVISION. The assignment of the Agreement to EquiServe Trust Company,
         N.A. was approved by the Board of Directors of Smith International,
         Inc. and the parties acknowledge and agree that such assignment
         occurred effective as of July 1, 2001. By This Amendment No. 2, the
         parties confirm that the Amendment to Rights Agreement effective as of
         October 1, 2001 by and between First Chicago Trust Company of New York
         and Smith International, Inc. should have been by and between EquiServe
         Trust Company, N.A. Notwithstanding the effective date as of this
         Amendment No. 2, the parties confirm that the assignment occurred
         effective as of July 1, 2001 and the Amendment to Rights Agreement as
         of October 1, 2001 is hereby amended to reflect that EquiServe Trust
         Company, N.A. is the Rights Agent.

4.       Except as amended hereby, the Agreement and all schedules or exhibits
         thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be
executed in their names and on their behalf by and through their duly authorized
officers, as of the 31st day of December, 2002.

     SMITH INTERNATIONAL, INC.              EQUISERVE TRUST COMPANY, N.A.


     By: /s/ VIVIAN M. CLINE                 By: /s/ ANTHONY MILO
         --------------------------              --------------------------
         Vivian M. Cline                         Anthony Milo
         Title: Assistant Secretary              Title: Managing Director
EXHIBIT 32.1





SECTION 1350 CERTIFICATION





In connection with the Quarterly Report of Sunnyside Acres Mobile Estates (the "Company") on Form 10-Q/for the quarter ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Hui Ping Cheng, the Principal Executive Officer and Principal 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.





Date: May 7, 2010





/s/ Hui Ping ChengHui Ping Cheng

Principal Executive Officer and

Principal Financial Officer
<PAGE>

                                  EXHIBIT 21

                         Subsidiaries of the Registrant
<PAGE>

                                  Exhibit 21

                          Subsidiaries of Registrant



Parent
------

PCB Holding Company
<TABLE>
<CAPTION>


                                          Percentage       Jurisdiction or
Subsidiaries (a)                         of Ownership   State of Incorporation
---------------------------------------  -------------  ----------------------
<S>                                      <C>            <C>

Peoples Community Bank                       100%           United States

Peoples Building and Loan Association
 Service Corporation(b)                      100%           Indiana

</TABLE>

-------------------------
(a)   The operations of the Company's subsidiaries are included in the Company's
      consolidated financial statements.
(b)   This is an inactive company owned directly by Peoples Community Bank.