alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 3.5





CERTIFICATE
OF AMENDMENT OF CERTIFICATE OF INCORPORATION





CERTIFCATE OF AMENDMENT


OF


CERTIFICATE INCORPORATION


OF


CLICKACTION, INC.





CLICKACTION, INC., a corporation organized and existing under and by virtue of the General
Corporation Law of the State of Delaware (the Corporation), does hereby certify:





First:    The name of the corporation is CLICKACTION, INC





Second:    The date on which the Certificate of Incorporation was originally filed with the Secretary of Stat of the State of Delaware is May 3, 1995





Third:    The Board of Directors of the Corporation, acting in accordance with the provisions of Sections 141 and 242 of the General Corporation Law of the
state of Delaware, adopted resolutions amending its Certificate of Incorporation as follows:





Article IV, Section A shall be
amended and restated to read in its entirety as follows:





A.    This Corporation is
authorized to issue two classes of stock to be designated, respectively, Common Stock and Preferred Stock. The total number of shares which the corporation is authorized to issue is Sixty-Two Million (62,000,000) shares.
Sixty Million (60,000,000) shares shall be Common Stock, each having a par value of the one tenth of one cent ($.001). Two Million (2,000,000) shares shall be Preferred Stock, each having a par value of one-tenth of one cent ($.001).





Fourth:    Thereafter pursuant to a resolution of the Board of Directors, this Certificate of Amendment was
submitted to the stockholders of the Corporation for their approval, and was duly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware.





Fifth:    All other provisions of the Certificate of Incorporation shall remain in full force and effect




---




IN WITNESS WHEREOF, CLICKACTION, INC.    Has caused this Certificate
of Amendment to be signed by its President and Chief Executive Officer, Gregory W. Slayton and attested to by its Secretary, Sharon Chiu, this 22nd day of May, 2000.








CLICKACTION INC.By:

/S/    GREGORY W. SLAYTONGregory W. SlaytonPresident and Chief Executive Officer








ATTEST:/S/    SHARON CHIUSharon ChiuSecretary







2
[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Page 50372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25468]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Office of Inspector General; Statement of Organization, Functions 
and Delegations of Authority

    Notice is hereby given that I have delegated to the Inspector 
General my authority under section 552a(b)(7) of the Privacy Act, as 
amended, to request disclosure of any record from another agency or 
government instrumentality without the prior written consent of the 
individual to whom the record pertains for civil and criminal law 
enforcement activities. The delegation includes the authority to 
redelegate in accordance with the Office of Management and Budget (OMB) 
guidelines.
    This delegation supersedes all previous delegations to the 
Inspector General on this subject. This delegation is effective 
immediately.

    Dated: September 16, 1997.
Donna E. Shalala,
Secretary.
[FR Doc. 97-25468 Filed 9-24-97; 8:45 am]
BILLING CODE 4150-04-M
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 00-310 

________________________________________________________________________ 

ATOMIC ENERGY 

Radiation 

 Protocols Between the 

UNITED STATES OF AMERICA 

and the RUSSIAN FEDERATION 

Amending and Extending the 

Agreement of January 14, 1994 

Signed at Washington March 10, 2000 

Signed at Moscow May 4, 2007 

Signed at Washington July 13, 2011 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 RUSSIAN FEDERATION 

 

 Atomic Energy: Radiation 

 Protocols amending and extending the 

 agreement of January 14, 1994. 

 Signed at Washington March 10, 2000; 

 Entered into force March 10, 2000. 

 Signed at Moscow May 4, 2007; 

 Entered into force May 4, 2007. 

 Signed at Washington July 13, 2011; 

 Entered into force July 13, 2011. 

.
Exhibit 23.1
 Consent of Independent Registered Public Accounting Firm
  (1)
    
    Registration Statement (Form S-8 No. 333-21679) of Sovran Self Storage, Inc.(2)
    
    Registration Statement (Form S-8 No. 333-42272) pertaining to the 1995 Award and Option
Plan and to the 1995 Outside Directors Stock Option Plan,(3)
    
    Registration Statement (Form S-8 No. 333-42270) pertaining to the Deferred Compensation
Plan for Directors of Sovran Self Storage, Inc.,(4)
    
    Registration Statement (Form S-8 No. 333-73806) pertaining to the 1995 Award and Option
Plan,(5)
    
    Registration Statement (Form S-8 No. 333-107464) pertaining to the 1995 Outside
Directors Stock Option Plan and,(6)
    
    Registration Statement (Form S-8 No. 333-138937) pertaining to the 2005 Award and
Option Plan
  /s/ Ernst & Young LLPBuffalo, New YorkFebruary 26, 2010
* 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.

1 UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-40581

JAMES A. BECK,

Petitioner-Appellant,

VERSUS

GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division,

Respondent-Appellee.

Appeal from the United States District Court For the Southern District of Texas

(G-97-CV-388)

December 1, 1998 Before DAVIS, DUHÉ and PARKER, Circuit Judges:

PER CURIAM: *

James A. Beck, Texas Prisoner #282493, petitions this court

for a Certificate of appealability. We grant the petition on the

issue of exhaustion only.

Beck has made a credible showing that the district court erred

in dismissing his application for failure to exhaust. See Murphy2

v. J o hnson

, 110 F.3d 10, 11 (5th Cir. 1997). Further, the

dismissal with prejudice was erroneous. S ee McGrew v. Texas Bd. Of

Pardons & Paroles

, 47 F.3d 158, 161 (5th Cir. 1995)(holding that

dismissal of a habeas application for failure to exhaust should be
without prejudice).

The district court’s holding that Beck did not raise a federal
question because he does not have a liberty interest in release on
parole misses the mark. It appears that Beck is making a claim of

liberty interest in mandatory release under Texas law. S ee Madison

v. Parker , 104 F.3d 765 (5th Cir. 1997).

We therefore vacate the district court’s order of dismissal

and remand this case so that the respondent can be served and the

district court can consider the merits of Beck’s habeas corpus
petition.

PETITION FOR COA GRANTED. JUDGMENT VACATED AND CASE REMANDED.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 October 29, 2019

b1021

Order 

Clerk

October 29, 2019

156843

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 156843

COA: 331302 

Genesee CC: 15-037130-FC

ANDREW FARLEY, JR.,

Defendant-Appellant. 

_________________________________________/

By order of May 29, 2018, the application for leave to appeal the October 31, 2017 

judgment of the Court of Appeals was held in abeyance pending the decisions in People v 

Beck (Docket No. 152934) and People v Dixon-Bey (Docket No. 156746). On order of the 

Court, Beck having been decided on July 29, 2019, 504 Mich ___ (2019), and leave to 

appeal having been denied in Dixon-Bey on July 29, 2019, 504 Mich ___ (2019), the 

application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to 

appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to 

the Court of Appeals for reconsideration in light of Beck.
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 Annual Report of United Bancshares, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Brenda M. Hudson-Nelson, 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 to the best of my knowledge and belief:
 
 (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 result of operations of the Company.
 
 
 /s/ Brenda M. Hudson-Nelson
 
 Brenda M. Hudson-Nelson
 Executive Vice President
 Principal Financial Officer
 March 31, 2014
#### NORTH FLORIDA WATER COMPANY, a Florida corporation, Appellant, v. CITY OF MARIANNA, a Florida municipal corporation, Frank Hudnall, as Mayor and City Commissioner of the City of Marianna, John L. McFarlin, Jr., W. E. Sherrel, James E. Harkins and H. E. Porter, as City Commissioners of the City of Marianna, Alex H. Lewis, as City Manager of the City of Marianna, Appellees.

No. K-517.

District Court of Appeal of Florida. First District

Aug. 5, 1969.

Rehearing Denied Aug. 28, 1969.

Thomas C. Wilkinson, Marianna, Gibbons, Tucker, McEwen, Smith & Cofer, Tampa, Ross, Hardies, O’Keefe, Babcock, McDugald & Parsons, Chicago, Ill., for appellant.

Barnes & Grant, Chicago, Ill., for ap-pellees.

JOHNSON, Chief Judge.

This is an appeal from a final judgment denying appellant’s request for an increase in the maximum rates it is entitled to charge for furnishing water to the City of Marianna and its inhabitants.

*451The record discloses that the appellant purchased the utility in toto for $750,000 to $800,000, and made a tax return to local tax assessor for ad valorem tax purposes at $300,000 or $400,000. There was some general evidence of additional capital investment of some $50,000. Evidence of operating cost was also introduced, as well as gross income.

From all the evidence, the trial court found and held that the city ordinance fixing the maximum rates and charges for the supply of water was in full force and effect at the time the appellant received its assignment of the franchise and purchased the water system, which ordinance remained in effect on the date this action was filed, and that the appellant entered into the operation with notice of the effective maximum rates. This latter fact does not really have any bearing upon the right or denial of a rate increase, but it does remove any question of any unfair action on the part of the appellees.

The trial court also found and determined by its final decree that the purchase price was actually $741,628.00 and that no substantial improvements had been made subsequent thereto which would increase the value of the property. Also, the court found that operating income for the first seven months of its operation by the appellant was $71,518.51.

From these findings of fact, the trial court entered its order declaring the city ordinance fixing the rates to be constitutionally valid and the rates therein fixed as reasonable, and not confiscatory and by its final decree denied the appellant’s prayer for an increase in rates and also denied appellant’s prayer for injunctive relief.

We have carefully reviewed the record in this case and given careful consideration to the authorities cited by respective counsel, but in view of the evidence of record, we fail to find wherein the trial court erred or abused its discretion in any manner in arriving at the conclusion reached.

Therefore, the judgment appealed from is affirmed.

CARROLL, DONALD K., and SPEC-TOR, JJ., concur.
EXHIBIT  32.01

                           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 AvStar Aviation Group, Inc. (the
"Company")  on  Form 10-Q for the quarter ended September 30, 2009 as filed with
the  Securities  and Exchange Commission on or about the date hereof ("Report"),
the  undersigned,  in  the  capacities  and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of  the  Sarbanes-Oxley  Act  of  2002,  that  to  his  knowledge:

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

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

Dated:  November  13,  2009                    /s/  Russell  Ivy
                                               -----------------
                                               Russell  Ivy,
                                               Chief  Executive  Officer
EXHIBIT 32





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 on Form 10-Q of China Elite Information Co., Ltd. (the “Company”) for the three month period ended February 28, 2011 as filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the “Report”),  I, Li Kin Shing, President, Chief Executive Officer and 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, to the best of my knowledge and belief:





(1)
the Report fully complies with the requirements of Sections 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:  April 13, 2011
By
/s/ Li Kin ShingLi Kin ShingPresident, Chief Executive Officerand Chief Financial Officer
[Federal Register Volume 62, Number 195 (Wednesday, October 8, 1997)]
[Notices]
[Page 52533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26584]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-841-002]


NESI Power Marketing, Inc.; Notice of Filing

October 2, 1997.
    Take notice that on July 29, 1997, NESI Power Marketing, Inc., 
tendered for filing their Transaction Reports for short-term 
transactions for the second quarter of 1997 pursuant to the 
Commission's order in Northern Indiana Public Service Company and 
NIPSCO Energy Services, Inc., 75 FERC para. 61,213 (1996) and the 
Commission's March 13, 1997, letter order in NESI Power Marketing, 
Inc., Docket No. ER97-841-000..
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with the Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests should be filed on or before October 10, 1997. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-26584 Filed 10-7-97; 8:45 am]
BILLING CODE 6717-01-M
```

[113th Congress Public Law 26]
[From the U.S. Government Publishing Office]

[[Page 127 STAT. 502]]

Public Law 113-26
113th Congress

                                 An Act

 
   To amend title 40, United States Code, to improve veterans service 
organizations access to Federal surplus personal property. <<NOTE: Aug. 
                        9, 2013 -  [H.R. 1171]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Formerly Owned 
Resources for Veterans to Express Thanks for Service Act of 2013. 40 USC 
101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Formerly Owned Resources for Veterans 
to Express Thanks for Service Act of 2013'' or the ``FOR VETS Act of 
2013''.
SEC. 2. VETERANS ACCESS TO FEDERAL EXCESS AND SURPLUS PERSONAL 
                    PROPERTY.

    Section 549(c)(3) of title 40, United States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B)--
                    (A) in clause (viii), by adding ``or'' at the end; 
                and
                    (B) by striking clause (x); and
            (3) by adding at the end the following:
                    ``(C) for purposes of providing services to veterans 
                (as defined in section 101 of title 38), to an 
                organization whose--
                          ``(i) membership comprises substantially 
                      veterans; and
                          ``(ii) representatives are recognized by the 
                      Secretary of Veterans Affairs under section 5902 
                      of title 38.''.

    Approved August 9, 2013.

LEGISLATIVE HISTORY--H.R. 1171:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-126 (Comm. on Oversight and Government Reform).
CONGRESSIONAL RECORD, Vol. 159 (2013):
            July 8, considered and passed House.
            Aug. 1, considered and passed Senate.

                                  <all>
```
<TABLE> <S> <C>

<ARTICLE>           9

       
<S>                                  <C>
<PERIOD-TYPE>                             12-MOS
<FISCAL-YEAR-END>                    DEC-31-1996
<PERIOD-START>                       JAN-01-1996
<PERIOD-END>                         DEC-31-1996
<CASH>                                 3,544,110
<INT-BEARING-DEPOSITS>                   320,202
<FED-FUNDS-SOLD>                       5,380,000
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>            5,983,461
<INVESTMENTS-CARRYING>                 8,476,638
<INVESTMENTS-MARKET>                   8,489,053
<LOANS>                               69,624,369
<ALLOWANCE>                             (527,507)
<TOTAL-ASSETS>                        96,769,401
<DEPOSITS>                            88,760,971
<SHORT-TERM>                                   0
<LIABILITIES-OTHER>                    1,175,201
<LONG-TERM>                               74,561
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                  932
<COMMON>                                   8,163
<OTHER-SE>                             6,749,573
<TOTAL-LIABILITIES-AND-EQUITY>        96,769,401
<INTEREST-LOAN>                        5,566,650
<INTEREST-INVEST>                        977,117
<INTEREST-OTHER>                         245,113
<INTEREST-TOTAL>                       6,788,880
<INTEREST-DEPOSIT>                     2,451,561
<INTEREST-EXPENSE>                     2,530,190     
<INTEREST-INCOME-NET>                  4,258,690
<LOAN-LOSSES>                            (85,000)
<SECURITIES-GAINS>                         9,157
<EXPENSE-OTHER>                        6,123,167
<INCOME-PRETAX>                         (831,755)
<INCOME-PRE-EXTRAORDINARY>                     0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                            (831,755)
<EPS-PRIMARY>                              (1.03)
<EPS-DILUTED>                                  0
<YIELD-ACTUAL>                              4.95
<LOANS-NON>                              800,000
<LOANS-PAST>                             408,000
<LOANS-TROUBLED>                               0
<LOANS-PROBLEM>                                0
<ALLOWANCE-OPEN>                         476,132
<CHARGE-OFFS>                            (42,271)
<RECOVERIES>                               8,646
<ALLOWANCE-CLOSE>                        527,507
<ALLOWANCE-DOMESTIC>                     527,507
<ALLOWANCE-FOREIGN>                            0
<ALLOWANCE-UNALLOCATED>                        0
        



</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

MAURICE HEMINGWAY, :

:

Petitioner :

:

v. : CIVIL NO. 4:CV-14-590

:

WARDEN ZICKEFOOSE, : (Judge Brann)

:

Respondent :

ORDER

May 19, 2015

In accordance with the accompanying Memorandum, IT IS HEREBY

ORDERED THAT:

1. Hemmingway’s habeas corpus petition is DISMISSED

WITHOUT PREJUDICE.

2. Petitioner may seek authorization from the United States 

Court of Appeals for the Fourth Circuit for leave to file

a second or successive § 2255 petition.

3. The Clerk of Court is directed to CLOSE this case.

1

Case 4:14-cv-00590-MWB-JVW Document 8 Filed 05/19/15 Page 1 of 2
4. Based on the Court’s conclusion herein, there is no basis

for the issuance of a certificate of appealability.

BY THE COURT:

 s/ Matthew W. Brann 

Matthew W. Brann

United States District Judge

2

Case 4:14-cv-00590-MWB-JVW Document 8 Filed 05/19/15 Page 2 of 2