alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
12/30/201 0 13:0 G FA X 202493514 2 FA A ^ DM S glOOI/00 3

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17 , 201 0 Respectfull y

GJffiGOR Y SAINTON . ESQ . m e Avikkjf

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t 1 hav e thi s dat e serve dvi afacsimil e andregula r U.S . mail , postag e prepaid , a copy o f th e foregoin g Join t

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, Brice , Complainant' s Counse l Offic e of th e Regional Counsel . Easter n Regio n Federal Aviatio n Administratio n 1 Aviatio n Plaz a Jamaica , N

Y 1143 4 TEL : 718-553-326 8 FAX : 716-995-569 9 Dated : December

17 , 201 0

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w Fir m Or e Researc h Cour

t Suit e 4.5 0 Rockville . M D 2085 0 Tel ; (301 ) 294-855 0 Fax:(301)294-252 5 Counse l for

Responden t
October 11, 2016



### JUDGMENT 

## The Fourteenth Court of Appeals

RONALD DWAYNE WHITFI ELD , Appellant

NO. 14

- 16

- 00441

- CR NO. 14

- 16

- 00442

- CR V.

THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. The record indicates that the appeal should be DISMISSED. The Court orders the appeal DISMISSED in accordance with its opinion.
We further order this decision certified below for observa nce.
#### Richard Linsey EASTLING, Appellant, v. The STATE of Florida, Appellee.

No. 70-190.

District Court of Appeal of Florida, Third District.

Oct. 13, 1970.

Hughlan Long, Public Defender, and Alan S. Becker, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appel-lee.

Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, JJ.

PER CURIAM.

Affirmed. Skipper v. State, 114 Fla. 312, 153 So. 853; Ball v. State, Fla.App.1967, 204 So.2d 523.
EXHIBIT 10.9

                              EMCO HIGH VOLTAGE CO.
--------------------------------------------------------------------------------
                            POWER SUPPLY MANUFACTURER
--------------------------------------------------------------------------------

                         SALES REPRESENTATIVE AGREEMENT
                         ------------------------------

This  agreement  made  this  sixth  day  of July, 1988, by and between EMCO HIGH
VOLTAGE  CO.,  having  it's  principal office at 11126 Ridge Road, Sutter Creek,
CA.,  95685, and ENERTEC INTERNATIONAL, with it's principal office located at 53
Herzl  St.,  Netanya 42390, Israel, shall continue in force until termination by
either  party,  by  giving  not  less  than 30 days written notice to the other.

EMCO  appoints  Enertec as it's sales representative for it's high voltage power
supply  line  in  the  country  of Israel.  Enertec will be paid 15% of the "net
invoice" price on all products booked by Enertec, shipped into this area, unless
a  previous  written  agreement  accepted  by both parties is made to reduce the
commission  rate  in  specific  competitive  situations.

Commissions will be paid to Enertec by the 15th of the month following the month
in  which  customer's  payment  is  made.

All  orders  are  subject  to  acceptance  or  rejection  by  EMCO.

Upon notification of termination of this agreement for any reason, Enertec shall
be  entitled to full commission, when due, on orders submitted to EMCO prior to,
or  after  receipt  of notice of termination, but prior to the effective date of
termination.

This agreement contains the entire understanding of the parties, shall supersede
any  other  oral or written agreements, and may not be modified in any other way
without  the  written  consent  of  both  parties.


EMCO  HIGH  VOLTAGE  CO.          ENERTEC  INTERNATIONAL

BY:  /s/  R.  McCoy             BY:  /s/  Harry  Mund
   -------------------             ----------------------

TITLE:  Mkt.  Mgr.              TITLE:  Mgr.
      ----------------                -------------------

DATE:  7-6-88                   DATE:
     -----------------               --------------------





                11126 RIDGE ROAD  SUTTER CREEK, CALIFORNIA 95685
                            TELEPHONE (209) 223-EMCO


                                                                            E-75
<PAGE>
Exhibit  32.1





ALPHATRADE.COM

A Nevada corporation



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of AlphaTrade.com. (the

"Company") on Form 10-Q for the quarter ended March 31, 2009 as filed with the

Securities and Exchange Commission on the date hereof (the "Report"), I, Gordon J.

Muir, Chief Executive Officer certify, pursuant to 18 U.S.C. ss.ss. 1350, as

adopted pursuant to ss.ss. 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 results of operations of

the Company.









Dated: April 21, 2010                     /s/ Gordon J. Muir

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

Its: CEO/Director





A signed original of this written statement required by Section 906, or

other document authenticating, acknowledging, or otherwise adopting the

signature that appears in typed form within the electronic version of

this written statement has been provided to the Company and will be

retained by the Company and furnished to the Securities and Exchange

Commission or its staff upon request. The foregoing certifications are

accompanying the Company's Form 10-Q solely pursuant to section 906 of

the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section

1350, chapter 63 of title 18, United States Code) and is not being

filed as part of the Form 10-Q or as a separate disclosure document.

























Exhibit 32.1 - 1
304(m) CBI REPLACEMENT PAGE

EPA-HQ-OW-2010-0824

DCN CBM00681 

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT

CONTAINS CONFIDENTIAL BUSINESS INFORMATION

(CBI) PER 40 CFR PART 2, SUBPART B.
Exhibit 4.20

                              CERTIFICATE OF TRUST
                          OF ALLEGHENY CAPITAL TRUST II

     The undersigned, the trustees of Allegheny Capital Trust II, desiring to
form a business trust pursuant to Delaware Business Trust Act, 12 Del. C.
Section 3801 et. seq., hereby certify as follow:

     (a)  The name of the business trust being formed hereby (the "Trust") is
     "Allegheny Capital Trust II".

     (b)  The name and business address of the trustee of the Trust which has
     its principal place of business in the State of Delaware is as follows:

          Bank One Delaware, Inc.
          Three Christina Centre
          201 North Walnut Street
          Wilmington, Delaware 19801

     (c)  This Certificate of Trust may be executed in one or more counterparts,
     all of which together shall constitute one and the same instrument.

     (d)  This Certificate of Trust shall be effective as of its filing.

<PAGE>


     IN WITNESS WHEREOF, the undersigned, being all of the initial trustees of
the Trust, have executed this Certificate of Trust.



                                           BANK ONE DELAWARE, INC.,
                                           as Trustee


                                           By: /s/ Sandra L. Caruba
                                               --------------------------
                                               Name:  Sandra L. Caruba
                                               Title: Vice President


                                           By: /s/ Regis F. Binder
                                               --------------------------
                                               Name: Regis F. Binder,
                                               as Trustee
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

ROBERT ALLEN KENT,

 Defendant - Appellant.

No. 12-50186

D.C. No. 2:11-cr-00463-PSG-1

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Philip S. Gutierrez, District Judge, Presiding

Argued and Submitted January 8, 2014

Pasadena, California

Before: KOZINSKI, Chief Judge, REINHARDT and CLIFTON, Circuit 

Judges.

1. When a district court rejects a defendant’s non-frivolous sentencing

argument, it must provide a reasoned explanation for its decision. See United

States v. Trujillo, 713 F.3d 1003, 1010–11 (9th Cir. 2013). The district court

abused its discretion by failing to do so in response to Kent’s assertion that the

FILED

FEB 06 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.
page 2

distribution enhancement shouldn’t apply. See United States v. Kimbrew, 406

F.3d 1149, 1151 (9th Cir. 2005). Because we reverse for resentencing on this

ground, we need not address Kent’s claim that his sentence was substantively

unreasonable.

2. The district court didn’t abuse its discretion by requiring Kent to

participate in the Computer Monitoring Program as a condition of release. It’s

entirely appropriate to leave “the details of what [monitoring] technologies should

be used” to the Probation Office. United States v. Quinzon, 643 F.3d 1266, 1274

(9th Cir. 2011). If technology has changed by the time Kent is released from

prison, and he believes that Probation has not met its “continuing obligation to

ensure not only the efficacy of the computer surveillance methods used, but also

that they remain reasonably tailored so as not to be unnecessarily intrusive,” id., he

may seek relief from the district court at that time.

REVERSED AND REMANDED
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#### STATE of Louisiana ex rel. Kenneth C. WILLIAMS, Anthony G. Parker v. CRIMINAL DISTRICT COURT.

No. 61643.

Supreme Court of Louisiana.

March 3, 1978.

In re: Kenneth C. Williams and Anthony G. Parker applying for writ of mandamus. Parish of Orleans.

Denied.
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 Hooker Furniture Corporation (the Company) Quarterly Report on Form 10-Q/A for the period ending April 29, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Paul B. Toms, Jr., 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, 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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |  |  |     |  |                                     
|------------------- |  |  |  | --- |  | ------------------------------------
|Date: June 11, 2007 |  |  |  | By: |  | /s/ Paul B. Toms, Jr.               
|                    |  |  |  |     |  | Paul B. Toms, Jr.                   
|                    |  |  |  |     |  | Chairman and Chief Executive Officer
EXHIBIT 32.1


CERTIFICATION PURSUANT TO
18 U.S.C. 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


        In connection with the Quarterly Report on Form 10-QSB of RPM Advantage.
(the "Registrant") for the period ended September 30, 2007, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),
I, David R. Pressler, Chief Executive Officer of the Registrant, certify,
pursuant to 18 U.S.C. 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, 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
Company.


Date:   July 15, 2011


By:

/s/ DAVID R. PRESSLER


David R. Pressler
Chief Executive Officer
(principal executive officer)
Exhibit 32

Certification of CEO and CFO 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 GenTek Inc. (the Company) for the
three months ended September 30, 2008 as filed with the Securities and Exchange
Commission on the date hereof (the Report), William E. Redmond, Jr., as Chief
Executive Officer of the Company, and Thomas B. Testa, as Chief Financial
Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best
of 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.

|    |                         
|--- | ------------------------
|/s/ | William E.
 Redmond, Jr.
|    |                         
|    | William E.
 Redmond, Jr.
|    | Chief
 Executive Officer
|    | November 10,
 2008      
|    |                         
|/s/ | Thomas B.
 Testa        
|    |                         
|    | Thomas B.
 Testa        
|    | Chief
 Financial Officer
|    | November 10,
 2008      

This
certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 of the
Securities Exchange Act of 1934, as amended.

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

---
#### M. L. SAXON and Charles MOORMAN, Appellants, v. T. G. LaGRONE, Margery E. Hill, John Weaver, Jr., Rudolph Tomasella, Roger Pierce, Larry Nip, and E. H. Reese, Jr., Individually and as comprising the Florida Pest Control Commission; Frank Sarli and Larry Krabeitz, Appellees.

No. 2506.

District Court of Appeal of Florida. Fourth District.

April 25, 1969.

Appeal from Circuit Court, Orange County; Geeorge E. Adams, Judge.

Appeal dismissed.
EXHIBIT 8.1  LIST OF SIGNIFICANT SUBSIDIARIES(1)  As of May 6, 2011  Incorporated in Portugal  Directel Listas Telefónicas Internacionais, Lda. Portugal TelecomAssociação de Cuidados de Saúde Portugal Telecom Inovação, S.A. PrevisãoSociedade Gestora de Fundos de Pensões, S.A. PT Centro Corporativo, S.A. PT ComprasServiços de Consultoria e Negociação, S.A. PT Comunicações, S.A. PT ContactTelemarketing e Serviços de Informação, S.A. PT Investimentos Internacionais, S.A. PT Móveis, S.G.P.S., S.A. PT Participações, SGPS, S.A. PT Portugal, S.G.P.S., S.A. PT Prestações-Mandatária de Aquisições e Gestão de Bens, S.A. PT PrimeSoluções Empresariais de Telecomunicações e Sistemas, S.A. PT Pro, Serviços Administrativos e de Gestão Partilhados, S.A. PT Sistemas de Informação, S.A. PT Ventures, SGPS, S.A. TMNTelecomunicações Móveis Nacionais, S.A.  Incorporated in Brazil  Oi Entities:  Telemar Participações S.A. (direct and indirect ownership interest of 25.6%)  Tele Norte Leste Participações S.A. (direct and indirect ownership interest of 17.9%, including through the Telemar Participações S.A. interest above)  Telemar Norte Leste S.A. (direct and indirect ownership interest of 25.3 %, including through the Telemar Participações S.A. and Tele Norte Leste Participações S.A. interests above)  Contax Entities:  CTX Participações S.A. (direct and indirect ownership interest of 42.0%)  Contax Participações S.A. (direct and indirect ownership interest of 14.1%, including through the CTX Participações S.A. interest above)  Contax S.A. (direct and indirect ownership interest of 14.1%, including through the CTX Participações S.A. and Contax Participações S.A. interest above)  Dedic GPTI S.A.


Portugal Telecom, Brasil, S.A. PT Inovação Brasil, Ltda.  Incorporated in the Netherlands  Africatel Holdings B.V. (75.0%) Portugal Telecom International Finance B.V.  Other  Cabo Verde Telecom, S.A. (40.0%) CSTCompanhia Santomensa de Telecomunicações, S.A.R.L. (51.0%) CTMCompanhia de Telecomunicações de Macau, S.A.R.L. (28.0%) MTCMobile Telecommunications Limited (34.0%) Timor Telecom, S.A. (41.1%) Unitel (25.0%) 
 (1)All subsidiaries are wholly owned by Portugal Telecom, except where ownership is noted in parentheses.
#### Wallace R. PLAPINGER, Mervyn J. Platt and Wilson A. Knott, a partnership, d/b/a Silver Star Shopping Center, Appellants, v. ECKERD’S SILVER STAR, INC., a Florida Corporation and Jack Eckerd Corporation, a Florida Corporation, Appellees.

No. 77-2697.

District Court of Appeal of Florida, Third District.

June 20, 1978.

Rehearing Denied July 28, 1978.

Aronovitz & Weksler, Miami, for appellants.

Shackleford, Farrior, Stallings & Evans and Robert R. Vawter, Jr., Tampa, for ap-pellees.

Before PEARSON, HUBBART and KE-HOE, JJ.

PER CURIAM.

Affirmed. See *Davidson v. Davis,*59 Fla. 476, 52 So. 139 (1910); *Sharp v. Dixon,*252 So.2d 805 (Fla. 4th DCA 1971); and *General Capital Corporation v. Tel Service Co.,*212 So.2d 369 (Fla. 2nd DCA 1968). Cf. *American Wood Products, Inc. v. Walter E. Heller & Company Southeast,*1149 So.2d 358 (Fla. 3d DCA 1978), case number 77-425, filed May 16, 1978; and *Securities Investment Company of St. Louis v. Indian Waters*
      *446
      *Development Corporation,*501 F.2d 662 (5th Cir. 1974).
Exhibit 32

Certification of CEO and CFO 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 on Form 10-Q of GenTek Inc. (the Company) for the three months ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), William E. Redmond, Jr., as Chief Executive Officer of the Company, and Thomas B. Testa, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
the Sarbanes-Oxley Act of 2002, that, to the best of 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.

|/s/ | William E. Redmond, Jr  | 
|--- | ----------------------- | 
|    | William E. Redmond, Jr.
|    | Chief Executive Officer
|    | May 8, 2009            
|    |                        
|/s/ | Thomas B. Testa         | 
|    | Thomas B. Testa        
|    | Chief Financial Officer
|    | May 8, 2009            

This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes
of §18 of the Securities Exchange Act of 1934, as amended.

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

---
#### Henry E. RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

No. 70-585.

District Court of Appeal of Florida, Second District.

Feb. 12, 1971.

Walter R. Talley, Public Defender, and D. Turner Matthews, Asst. Public Defender, Bradenton, for appellant-

Robert L. Shevin, Atty. Gen., Tallahassee, and Warren H. Petersen, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

Affirmed. *See*Leone v. State, Fla.App. 1970, 233 So.2d 404; Daniels v. State, Fla.App. 1970, 233 So.2d 405.

LILES, A. C. J., and MANN and Mc-NULTY, JJ., concur.