alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6553

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WADGY CHARIF, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CR-90-445-A, CA-97-747-AM) Submitted: November 19, 1998 Decided: December 2, 1998 Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Wadgy Charif, Appellant Pro Se. James L. Trump, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Wadgy Charif seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Charif , Nos. CR-90-445-A; CA-97- 747-AM (E.D. Va. Sept. 29 & Nov. 4, 1997). 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
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 Annual Report of China Recycling Energy Corporation (the
“Company”) on Form 10-K/A for the period ended December 31, 2008 as filed with
the Securities and Exchange Commission (the “Report”), I, Guohua Lu, Chairman of
the Board 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.




Date: September
      28, 2009
              
              /s/  Guohua
      KuGuohua
      KuChairman
      of the Board and Chief Executive
Officer
<PAGE>   1
                                                                 EXHIBIT 10-Z(v)



                FIRST AMENDMENT TO THE PROFIT SHARING PLAN OF
               BINDLEY WESTERN INDUSTRIES, INC., & SUBSIDIARIES



WHEREAS, Bindley Western Industries, Inc. (the "Company") established the Profit
Sharing Plan of Bindley Western Industries, Inc. and its Subsidiaries originally
effective on January 1, 1979, and amended and restated in the PRISM(R)
Nonstandardized Prototype Adoption Agreement effective January 1, 1996 (the
"Plan"); and

WHEREAS, the Company in the Adoption Agreement appointed the original members
of the Committee who were charged with operating the Plan; and

WHEREAS, the Company has decided to reconstitute the Committee effective
October 1, 1997.

NOW THEREFORE,

BE IT RESOLVED, that the Company amends the provisions of Item B.3. of the
Adoption Agreement to provide as follows:

B.  BASIC PLAN PROVISIONS:

 ...

3.  COMMITTEE MEMBERS:

    Michael L. Shinn, Michael D. McCormick, Thomas Weakley, and Marion A.
    McDermott


AND BE IT FURTHER RESOLVED, that except as amended herein, all other provisions
of the Profit Sharing Plan of Bindley Western Industries, Inc. and its
Subsidiaries shall remain effective as set forth in the Adoption Agreement.

PLAN SPONSOR:  BINDLEY WESTERN INDUSTRIES, INC.


By: /s/ Michael D. McCormick, Sec.      Dated: 10/24/97
   ----------------------------               --------------------

Trustee:  KEY TRUST COMPANY


By: /s/ April M. Czenkush               Dated: 10/24/97
   ----------------------------               --------------------
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 Annual Report of Flanigan's  Enterprises,  Inc.,
(the  "Company") on Form 10-Q for the period ended  September 30, 2006, as filed
with the Securities and Exchange  Commission of the date hereof (the  "Report"),
I, Jeffrey D. Kastner, Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. SS.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of
2002, that:

1)    This  Annual   Report  on  Form  10-K  of  the  Company,   to  which  this
      certification  is attached as an Exhibit,  (the  "Annual  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 Annual Report fairly  presents,  in all
      material  respects,  the financial  condition and results of operations of
      the Company.

                                /s/ Jeffrey D. Kastner
                            -------------------------------------
                            Name: Jeffrey D. Kastner
                            Chief Financial Officer and Secretary
                            Date: December 29, 2006
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  Fish & wildlifeProgram2008-09 Amendments

### Draft Amendments to the Columbia River Basin Fish and Wildlife Program

**September 2, 2008   |   	document 2008-11**
| Draft Amended Fish and Wildlife Program 	>(1mb PDF) |
|---------------------------------------------------------|

The comment deadline was December 1. **See comments**.

Sep 2008 solicitation letter:

The Council invites your review and comment on its draft amendments to 	its Columbia River Basin Fish and Wildlife Program. 

The Council initiated the amendment process in November 2007 by 	soliciting recommendations from the region’s state and federal fish and 	wildlife agencies, Indian tribes, and others, as required by the Northwest 	Power Act. The Council prepared the draft after reviewing the 	recommendations, supporting information submitted with the recommendations, 	and comments received on the recommendations.

The 	Council now invites additional review and comment on the 	recommendations, including comments on how the draft program amendments 	relate to the recommendations.

Comment on the draft program through **~~October 30~~ 	December 1, 	2008** in any of three ways:
          - Submit a 		comment online
          - Send mail to Mark Walker, Director of Public Affairs, Northwest 		Power and Conservation Council, 851 S.W. Sixth Avenue, Suite 1100, 		Portland, Oregon 97204
          - Attend any  public 		hearing  scheduled at various locations throughout the Columbia River 		Basin

The Council looks forward to hearing your comments on this draft amended 	program.

Sincerely,

Bill Booth, Chair
[Note: The draft amended program is also available in 	redline format (1.3mb PDF), but please make 	comments on the "clean" version above.]
EXHIBIT 32.2
                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                         PURSUANT TO 18 U.S.C. ss. 1350

                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

I, Qian Fang, Chief Financial  Officer  (principal  financial  officer) of China
Digital  Wireless,  Inc. (the  "Registrant"),  certify pursuant to 18 U.S.C. ss.
1350, as adopted  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002, that,
based upon a review of the  Annual  Report on Form  10-KSB for the period  ended
December 31, 2004 of the Registrant (the "Report"):

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and

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

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



                                                          /s/ Qian Fang
                                                         -----------------------
                                                         Name:    Qian Fang
                                                         Date:    April 29, 2005
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00433-CV

In re Johnny Ray Valchar

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

__________________________________________

Bob Pemberton, Justice

Before Chief Justice Law, Justices Pemberton and Waldrop

Filed: July 18, 2008
#### ELECTRONIC SHOWCASE, INC., a Florida Corporation, and Raymond L. Williams, Appellants, v. KPF ENTERPRISES, INC., a Florida Corporation, W. H. Kiser, and Bernie Fraden, Appellees. ELECTRONIC SHOWCASE, INC., a Florida Corporation, and Raymond L. Williams, Appellants, v. TELEDYNE ACCEPTANCE CORPORATION, Appellee.

Nos. DD-142, DD-143.

District Court of Appeal of Florida, First District.

Sept. 30, 1977.

A. G. Condon, Jr. of Holsberry, Emmanuel, Sheppard & Condon, Pensacola, for appellants.

Donald H. Partington of Clark, Parting-ton, Hart & Hart, George Phillips, Pensacola, for appellees.

PER CURIAM.

AFFIRMED on the authority of *Butts v. Dragstrem,*349 So.2d 1205 (Fla. 1st DCA 1977).

RAWLS, Acting C. J., and MILLS and ERVIN, JJ., concur.
#### LIBERTY MUTUAL INSURANCE COMPANY and South Louisiana Contractors, Inc. v. Mabel H. CEASAR and Lula Mae Hurks.

No. 60005.

Supreme Court of Louisiana.

June 30, 1977.

In re: Lula Mae Hurks, applying for certiorari, or writ of review, to the Court of Appeal, 345 So.2d 64, Third Circuit, Parish of St. Landry.

Writ denied. On the facts found by the Court of Appeal, there is no error of law in its judgment.

TATE, Justice.

I respectfully dissent: (1) The holding that a dependent woman is not a member of the decedent’s family for purposes of our workman’s compensation act, merely because she is not married to him, is an erroneous interpretation, for the reasons more fully stated by my dissenting opinion in *Humphreys v. Marquette Casualty Co.,*95 So.2d 872, 875 (La.App. 1st Cir. 1957); (2) The denial of compensation to the dependent lady living with the deceased wage earner represents an irrational and invidious legislative classification which offends equal protection guarantees of the federal constitution under interpretations thereof by the United States Supreme Court.

DIXON, J., dissents from the denial.

CALOGERO, J., is of the opinion the writ should be granted.
**Exhibit
      32.1**





Certification
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
§1350)





I,
      Thomas
      W. Martin, Chairman, Chief Executive Officer and President of ICON Capital
      Corp., the General Partner of the Registrant in connection with the Quarterly
      Report of ICON Income Fund Eight B L.P. (the "Partnership") on Form 10-Q/A
      for
      the period ended March 31, 2007, as filed with the Securities and Exchange
      Commission on the date hereof (the "Quarterly Report") certify, pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
      knowledge:





1.
            The
                Quarterly 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);
                and





2.
            The
                information contained in the Quarterly Report fairly presents, in
                all
                material respects, the financial condition and results of operations
                of
                the Partnership.








*Dated:
      December 11, 2007*





*/s/
      Thomas W. Martin*


Thomas
      W.
      Martin


Chairman,
      Chief Executive Officer and President of the General Partner


(Principal
      Executive Officer)


ICON
      Capital Corp.


General
      Partner of ICON Income Fund Eight B L.P.
No. 98-1903.

No. 98-7256.

No. 98-9269.

No. 98-9523.

No. 98-10042.

No. 99-151.

No. 99-575.

No. 99-634.

No. 99-661.

No. 99-716.

No. 99-911.

No. 99-5212.

No. 99-5652.

No. 99-5859.

#### Benson *v.*Benson, In re Rice, Alexander *v.*Doe et al., Skibinski *v.*Bell Atlantic et al., Skibinski *v.*Lazaroff et al., Mensah *v.*United States, Moreton Rolleston, Jr., Living Trust, et al. *v.*Estate of Simms, Cherry, Executor, Anderson *v.*Dallas Area Rapid Transit, Willman *v.*Michigan Department of Corrections et al., Ruiz Rivera *v.*Department of Education et al., Vey *v.*The Universe et al., Jones *v.*Johnson, Director, Texas Department of Criminal Justice, Institutional Division, Hatter *v.*New York City Housing Authority et al., Foster *v.*Johnson, Director, Texas Department of Criminal Justice, Institutional Division, *1184Long *v.*Kentucky, Jarrett *v.*Hayward Manor Apartments et al., Corpuz *v.*Walter, Superintendent, Airway Heights Corrections Center, Perry *v.*Zaentz et al., In re Lavertu, King *v.*MTA Bridges and Tunnels et al., Shed v. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, Bass *v.*Thomas Jefferson University Hospital, Hemmerle *v.*Bakst, Re *v.*New Mexico, Palmer v. Georgia, Tisdale *v.*Ohio, Gardner et al. *v.*Nissan Motor Acceptance Corp., Shockett *v.*Massachusetts, Porter *v.*Department of Labor, Benefits Review Board, et al., Hawks *v.*Clark, Warden, et al., Dean v. United States, Cameron *v.*Garraghty, Warden, Patterson *v.*Rivers, Warden, In re Harris, Lewis *v.*United States et al., In re Warren, In re Warren,

*1183ante, p. 816;

525 U. S. 1138;

*ante,*p. 830;

*ante,*p. 838;

*ante,*p. 867;

*ante,*p. 875;

*ante,*p. 1046;

*ante,*p. 1062;

*ante,*p. 1062;

*ante,*p. 1047;

*ante,*p. 1081;

*ante,*p. 892;

*ante,*p. 936;

*ante,*p. 940;

*1184No. 99-5962.

No. 99-6028.

No. 99-6145.

No. 99-6266.

No. 99-6275.

No. 99-6308.

No. 99-6344.

No. 99-6406.

No. 99-6419.

No. 99-6479.

No. 99-6502.

No. 99-6535.

No. 99-6538.

No. 99-6551.

No. 99-6607.

No. 99-6700.

No. 99-6800.

No. 99-6866.

No. 99-6888.

No. 99-6916.

No. 99-6961.

No. 99-7023.

No. 99-7362.

*ante,*p. 972;

*ante,*p. 973;

*ante,*p. 1007;

ante, p. 1024;

*ante,*p. 1018;

*ante,*p. 1025;

*ante,*p. 988;

*ante,*p. 1026;

*ante,*p. 1049;

*ante,*p. 1051;

*ante,*p. 1051;

*ante,*p. 1027;

*ante,*p. 1064;

*ante,*p. 1027;

*ante,*p. 1052;

*ante,*p. 1052;

*ante,*p. 1053;

*ante,*p. 1065;

*ante,*p. 1089;

*ante,*p. 1017;

*ante,*p. 1090;

*ante,*p. 1073; and

*ante,*p. 1073. Petitions for rehearing denied.
#### Martha G. AGUILLARD v. NEW ORLEANS PUBLIC SERVICE, INC.

No. 8226.

Court of Appeal of Louisiana, Fourth Circuit.

June 7, 1977.

Rehearing Denied Aug. 1, 1977.

Writ Refused Sept. 27, 1977.

William F. Dodd, New Orleans (Dodd, Barker, Boudreaux, Lamy & Gardner, New Orleans), for plaintiff-appellee.

Floyd F. Greene, New Orleans, for defendant-appellant.

Before REDMANN, GULOTTA and BEER, JJ.

REDMANN, Judge.

Although the testimony of the then-student of bus driving would support a contrary conclusion, the testimony of the actual bus driver (now a policeman) and the investigating policeman support the conclusion that the fluid on the bus floor was slippery (yet another of defendant’s employees confirm it was not water) and came from a part of the air-conditioning system of the bus, and that the size of the slippery area was small enough, especially in the early morning light, and its appearance (similar to a little water) on the grooved flooring presented no suggestion of danger, so that plaintiff was not contributorily negligent.

Affirmed.

BEER, J., filed a dissenting opinion and was of the opinion that rehearing should be granted.

BEER, Judge,

dissenting.

I respectfully dissent, being of the view that plaintiff has failed to prove any negligence whatsoever on the part of the defendant.
<PAGE>
                                                                   Exhibit 10.59

          AQUATIC CELLULOSE INTERNATIONAL CORPORATION 331 4th Street NE
                                Salmon Arm, B.C.
                                 Canada VIE 2X0

                                 April 30, 2007


AJW Partners, LLC
AJW Offshore, Ltd.
AJW Qualified Partners, LLC 1044 Northern Boulevard Suite 302
Roslyn, New York 11576


         Re:      Aquatic Cellulose International Corporation (the "Company") -
                  Amendment of all Debentures Issued to Ajw Partners, LLC, ALW
                  Offshore, Ltd. and AJW Qualified Partners, LLC (The
                  "Debentures").

Ladies and Gentlemen:

         This letter sets forth the agreement of the parties hereto to provide
for (i) an amendment of the conversion price of certain debentures which are
convertible into shares of the Company's common stock, par value $.001 per share
(the "Common Stock"), originally issued by the Company to AJW PARTNERS, LLC; AJW
OFFSHORE, Ltd. and AJW QUALIFIED PARTNERS, LLC, (collectively, the "Investors").

         1.       By execution hereof, for good and valuable consideration, the
                  receipt and sufficiency of which is hereby acknowledged, the
                  parties hereto agree that: The Applicable Percentage (as
                  defined in the Debentures) is hereby amended to be 25.0%.

         2.       All other provisions of the Debentures shall remain in full
                  force and effect.

         The parties shall do and perform, or cause to be done and performed,
all such further acts and things, and shall execute and deliver all such other
agreements, certificates, instruments and documents, as the other parties hereto
may reasonably request in order to carry out the intent and accomplish the
purposes of this letter agreement, including without limitation the issuance of
amended Debentures.

         Please signify your agreement with the foregoing by signing a copy of
this letter where indicated and returning it to the undersigned.


<PAGE>



                                                Sincerely,

                                                AQUATIC CELLULOSE
                                                INTERNATIONAL, INC.

                                                /s/ Sharidan B. Westgarde
                                                ---------------------------
                                                Sheridan B. Westgarde
                                                President

ACCEPTED AND AGREED:
AJW PARTNERS, LLC By: SMS GROUP, LLC


__________________________
Corey S. Ribotsky, Manager


AJW OFFSHORE, LTD.
By: FIRST STREET MANAGER II, LLC


__________________________
Corey S. Ribotsky, Manager


AJW QUALIFIED PARTNERS, LLC
By: AJW MANAGER, LLC


__________________________
Corey S. Ribotsky, Manager
----

|  | (1) | The  Report  fully  complies      with the requirements of Section 13(a) of      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. |
|--|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/      Raffaele Attar      |
|--------|--------|------------------------------|
|   |   | Raffaele      Attar          |
|   |   | Acting      Chairman and     |
|   |   | Chief      Executive Officer |

|  | (1) | The  Report  fully  complies      with the requirements of Section 13(a) of      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. |
|--|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/      Gary Poe                |
|--------|--------|----------------------------------|
|   |   | Gary      Poe                    |
|   |   | Principal      Financial Officer |
|   |   | and      Secretary               |

----
EX-10.3



 





Exhibit 10.3




AMENDMENT NO. 1 TO

AMENDED AND RESTATED SEVERANCE AGREEMENT




     AMENDMENT NO. 1 (the “Amendment”), dated as of November 6, 2007, to that certain AMENDED AND
RESTATED SEVERANCE AGREEMENT (the “Agreement”) by and between Enzon Pharmaceuticals, Inc. (the
“Company”) and Paul S. Davit (“Executive”) dated as of May 7, 2004.



     The undersigned parties hereby desire to amend the Agreement in the manner set forth herein.
All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to
such terms in the Agreement.



     NOW, THEREFORE, in consideration of the premises and the mutual agreements contained herein
and for other good and valuable consideration the sufficiency of which is hereby acknowledged, the
undersigned hereby agree as follows:



1. Section 2 of the Agreement is hereby amended by deleting subsection (c) in its entirety and
inserting in lieu thereof the following:




	 	 	“in the event of a Change in Control defined in Section 7(c)(i)-(vi),
Executive shall receive cash payments equal to TWO (2) TIMES the sum of
the following: (i) his or her Base Salary at the time of such termination
and (ii) the Target Bonus (based on the Base Salary immediately prior to
such termination) for the fiscal year in which such termination occurs;”





2. Except as expressly amended, modified and supplemented hereby, the provisions of the Agreement
are and will remain in full force and effect.



     IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.



	 	 	 
	PAUL S. DAVIT	 	ENZON PHARMACEUTICALS, INC.
	 	 	 
	/s/
Paul S. Davit 

	 	By: /s/ Jeffrey H. Buchalter
	 

	 	 
	 	 	 
	Name: Paul S. Davit

Title: Executive Vice President, Human Resources

	 	Name: Jeffrey H. Buchalter

Title: Chairman, President and Chief Executive Officer