alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 24.1

                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the following Registration
Statements: Form S-8 No. 33-67076 and Form S-8 No. 33-87630 pertaining to the
BroadBand Technologies, Inc. 1988 Incentive Stock Option Plan; Form S-8 No.
33-67724 pertaining to the BroadBand Technologies, Inc. 1992 Nonqualified Stock
Option Plan; Form S-8 No. 33-73802 pertaining to the BroadBand Technologies,
Inc. 401 (k) Plan; Form S-8 No. 333-09661 pertaining to the BroadBand
Technologies, Inc. 5% Convertible Subordinated Notes due May 15, 2001 and Form
S-8 No. 333-10443 pertaining to the BroadBand Technologies, Inc. 1,000,000
shares of common stock issuable upon exercise of outstanding warrants of our
report dated February 4, 1998 with respect to the financial statements of
BroadBand Technologies, Inc. included in the Annual Report (Form 10-K) for the
year ended December 31, 1997.



                                              /S/ ERNST & YOUNG LLP
                                              ---------------------
                                                  Ernst & Young LLP




Raleigh, North Carolina
March 27, 1998
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  Nicklebys.com,  Inc. (the "Company")
on Form  10-QSB  for the  period  ending  March  31,  2005,  as  filed  with the
Securities and Exchange  Commission on the date hereof (the "Report'),  I, Scott
Thornock, 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 the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and result of  operations of the
Company.


/s/ Scott Thornock
---------------------------
Scott Thornock
Chief Executive Officer
May 17, 2005























                                       12
Exhibit 32.1    Certification of Chief Executive Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002   I, Timothy R. Kasmoch, as the Chief Executive Officer of N-Viro International Corporation, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Form 10-K for the year ended December 31, 2014 (the Form 10-K) (i) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of N-Viro International Corporation.   /s/  Timothy R. Kasmoch Timothy R. Kasmoch, President and Chief Executive Officer April 15, 2015
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WILLIAM MANNS, )

)

Plaintiff, )

) Civil Action No. 05-315 Erie

v. )

)

BUREAU OF PRISONS and )

FCI MCKEAN STAFF, )

)

Defendants. )

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on October 24, 2005,

and was referred to United States Magistrate Judge Susan Paradise Baxter for report

and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1),

and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The Magistrate Judge's Report and Recommendation [Doc. No. 24], filed on

September 28, 2006, recommended that Defendants’ motion to dismiss [Doc. No. 18]

be granted. The parties were allowed ten (10) days from the date of service to file

objections. Service was made on Plaintiff by certified mail and on Defendants. Plaintiff

filed objections on October 16, 2006 [Doc. No. 25]. After de novo review of the motion

and documents in the case, together with the Report and Recommendation and

objections thereto, the following order is entered:

AND NOW, this 26th day of December, 2006; 

IT IS HEREBY ORDERED that the Defendants’ motion to dismiss [Doc. No. 18]

is GRANTED. 

The Report and Recommendation [Doc. No. 24] of Magistrate Judge Baxter, filed

on September 28, 2006, is adopted as the opinion of the Court.

 s/ Sean J. McLaughlin

United States District Judge

cm: All parties of record

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:05-cv-00315-SJM-SPB Document 31 Filed 12/26/06 Page 1 of 1
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6078

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ZAFAR AZIZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR92-341-S, CA-96-3909-S)

Submitted: July 24, 1997 Decided: August 6, 1997

Before HAMILTON, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Zafar Aziz, Appellant Pro Se. Richard Charles Kay, OFFICE OF THE

UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

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. Aziz v. United States, CR-92-341-S (D. Md. Dec. 26, 1996).

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
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22
- 0702 STATE OF MONTANA,

Plaintiff and Appellee, v. JOHN DANIEL FAILS , JR

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including April 17 , 202 4, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 5 2024

03/05/2024

Case Number: DA 22-0702
##### 



Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL
OFFICER

Pursuant to 18 U.S.C. § 1350, as
created by Section 906 of the Sarbanes-Oxley Act of 2002,
the undersigned officer of T REIT, Inc. (the
Company) hereby certifies, to his knowledge, that:



| |                                                                                                                                                                                                                                                                                            
| | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (i) the accompanying Quarterly Report on
    Form 10-Q of the Company for the period ended
    September 30, 2004 (the Report) fully complies
    with the requirements of Section 13(a) or
    Section 15(d), as applicable, of the Securities Exchange
    Act of 1934, as amended; and
|
| | (ii) the information contained in the Report
    fairly presents, in all material respects, the financial
    condition and results of operations of the Company.                                                                                                                          



| |                        
| | -----------------------
| | /s/ SCOTT D. PETERS    
| |                        
| | Scott D. Peters        
| | Chief Financial Officer

Date: November 22, 2004

The foregoing certification is being furnished
solely pursuant to 18 U.S.C. § 1350, and is not
being filed as part of the Report or as a separate disclosure
document. The signed original of this written statement required
by Section 906 has been provided to T REIT, Inc. and
will be retained by T REIT, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         322,827
<SECURITIES>                                     1,401
<RECEIVABLES>                                  802,913
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,453,414
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,783,352
<CURRENT-LIABILITIES>                        1,049,857
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        28,298
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 3,783,352
<SALES>                                              0
<TOTAL-REVENUES>                             3,929,317
<CGS>                                        1,883,529
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (373,003)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (373,003)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                   (0.15)
        

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6702

JAMES L OUIS WHITTLESEY, a/k/a Frank Wayne Pehringer, Petitioner - Appellant, versus CIRCUIT COURT OF MARYLAND FOR BALTIMORE COUNTY; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CA-97-874-JFM) Submitted: February 12, 1998 Decided: February 26, 1998 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. James Louis Whittlesey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997) and denying his motion for reconsideration. We have reviewed the record and the district court's orders and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Whittlesey v. Circuit Court of Maryland , No. CA-97-874-JFM (D. Md. Mar. 31 & May 6, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented inthe materials before the court and argument would not aid the decisional process.

AFFIRMED
#### Eugene MAREADY, Appellant, v. The STATE of Florida, Appellee.

No. 70-1067.

District Court of Appeal of Florida, Third District.

May 25, 1971.

Phillip A. Hubbart, Public Defender and Alan S. Becker, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Bruce, L. Scheiner, Asst. Atty. Gen., for appel-lee.

Before PEARSON, C. J., and CHARLES CARROLL and HENDRY, JJ-

PER CURIAM.

Affirmed on the authority of Sadler v. State, Fla.App.1969, 220 So.2d 797, 799-800; Anderson v. State, Fla.App.1970, 235 So.2d 738.
#### Claude R. KIRK, Jr., Governor; Tom Adams, Secretary of State; Earl Faircloth, Attorney General; Fred O. Dickinson, Jr., Comptroller; Broward Williams, State Treasurer; Floyd T. Christian, Commissioner of Public Instruction; Doyle Conner, Commissioner of Agriculture, as and constituting The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (statutory successor to the Trustees of the Internal Improvement Fund, and to the Trustees of the Internal Improvement Trust Fund), Appellant, v. Norman S. LUNDE, Dorothy B. Lunde, Otto D. Grove, Jr., Shirley F. Grove, Susan Evans Pepion, Porter H. Gott and Bradley B. Jackson, jointly and severally, and as representatives of a class; Harold R. Conti and Angela Conti, his wife; Lon Worth Crow Company, a Florida corporation; Edwin Hartman and Ivy Hartman, his wife; B. C. Deuschle, Jr., and Anneke Deuschle, his wife; Basil C. Deuschle, Sr., and Mildred V. Deuschle, his wife; Florida Bond and Mortgage Company, a Florida corporation; Deuschle Construction Co., a Florida corporation; and City of Fort Lauderdale, a municipal corporation of the State of Florida, Appellees.

No. 69-663.

District Court of Appeal of Florida, Fourth District.

July 29, 1970.

Rehearing Denied Sept. 16, 1970.

PER CURIAM.

Affirmed.
1 

### Wozniak, Gerald

From: Angelina Duggan <aduggan@exponent.com> Sent: Tuesday, October 07, 2014 6:50 PM To: Wozniak, Gerald Cc: VonDemHagen, Rebecca; Ryan Weidling; Michel Beaujea n (m.beaujean@lambiotte.com); Chris Martin (chris.martin@hollandapt.com); Sheppar d, Margaret; Newberg, Cindy; ray.zwiebel@hollandapt.com Subject: Re: Requested update for Methylal SNAP

Importance: High

Dear Dr. Wozniak,

On behalf of our clients Holland Applied Technologi es and Lambiotte & Cie, Exponent is acknowledging r eceipt of EPA' letter dated October 2, 2014.

We also agree to remove all claims of CBI for the p roposed foam blowing applications listed on page 5 of the Methylal SNAP application.

Please let us know if any further actions are requi red.

Sincerely yours,

Angelina Duggan, Ph.D. Senior Managing Scientist Exponent Inc. Center for Toxicology and Mechanistic Biology

Sent from my BlackBerry 10 smartphone.

From: Wozniak, Gerald
Sent: Thursday, October 2, 2014 5:11 PM
To: Angelina Duggan Cc: VonDemHagen, Rebecca; Ryan Weidling; Michel Beaujea n (m.beaujean@lambiotte.com); Chris Martin (chris.martin@hollandapt.com); Sheppard, Margaret; Newberg, Cindy Subject: RE: Requested update for Methylal SNAP

Dear Ms. Duggan,

Attached is a letter from the EPA in regards to you r SNAP submission for Methylal in foam blowing. Ple ase note the Agency’s request that you withdraw in writing your claims of CBI on the end-uses that you have request ed for review.

Please let me know if you have any further question s and confirm receipt of this email

.

Gerald Wozniak Environmental Engineer Significant New Alternatives Policy (SNAP) Program U.S. EPA/ Stratospheric Protection Division Tel. (202) 343-9624
Email Wozniak.gerald@epa.gov2 From: Angelina Duggan [mailto:aduggan@exponent.com]

Sent: Tuesday, September 16, 2014 7:41 AM

To: Wozniak, Gerald

Cc: VonDemHagen, Rebecca; Ryan Weidling; Michel Beauje an (m.beaujean@lambiotte.com); Chris Martin (chris.martin@hollandapt.com) Subject: Requested update for Methylal SNAP

Dear Dr. Wozniak:

Exponent recently provided a response to EPA’s requ est for additional information to address data gaps in the pending Methylal SNAP application.

I am contacting you on behalf of my client, Lambiot te& Cie and Holland Applied Technologies, to determ ine, if any additional action on our part is required at this t ime.

If not, please let me know when we can expect to he ar back regarding EPA’s assessment of the Methylal SNAP application.

Thank you and sincerely yours,



## Angelina

Angelina Duggan, Ph.D. Senior Managing Scientist Exponent, Inc. Health Practice Center for Toxicology and Mechanistic Biology

Cell: 646-660-2677

aduggan@exponent.com
Exhibit32.1
                                                                     -----------



      CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


I,  Daniel  J.  Haslinger,  the  Chief Executive Officer of N-Viro International
Corporation,  certify  that  (i)  the  Form  10-KSB  fully  complies  with  the
requirements  of  Section  13(a) or 15(d) of the Securities Exchange Act of 1934
and  (ii)  the  information contained in the Form 10-KSB fairly presents, in all
material  respects,  the financial condition and results of operations of N-Viro
International  Corporation.


/s/  Daniel  J.  Haslinger
--------------------------
Daniel  J.  Haslinger,  Chief  Executive  Officer
March  31,  2005
#### Donald Erwin BIESENDORFER, Appellant, v. STATE of Florida, Appellee.

No. 2613.

District Court of Appeal of Florida. Fourth District.

Oct. 29, 1969.

Fritz Herman, of Fritz, Herman & Koch, Fort Lauderdale, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and J. Terrell Williams, Asst. Atty. Gen., West Palm Beach, for appellee.

OWEN, Judge.

Appellant was convicted in the Court of Record in and for Broward County of the criminal offense of receiving stolen property under F.S.1967, Section 811.16, F.S.A., and appeals from the judgment entered thereon.

The jury verdict found the defendant “guilty of the lesser included offense of receiving stolen property under the value of ONE HUNDRED ($100.00) DOLLARS.” This verdict was defective, Myers v. State, 1934, 115 Fla. 627, 155 So. 797; Harris v. State, 1907, 53 Fla. 37, 43 So. 311, but was never attacked by a proper motion in arrest of judgment. There is thus no judicial act to be reviewed by us in connection with this point.

The judgment which the court entered likewise adjudged appellant guilty of the crime of receiving stolen property under the value of ONE HUNDRED ($100.-00) DOLLARS. The information charged appellant in the language of F.S.1967, Section 811.16, F.S.A., including the material element that at the time of receiving or *323aiding in the concealment of said stolen property, appellant then and there well knew that the same was stolen property. The judgment is defective in omitting a material element of the offense as charged and must he reversed and this cause remanded for entry of a proper and lawful judgment. Mathis v. State, 1938, 134 Fla. 352, 184 So. 89; Perkins v. State, 1936, 126 Fla. 707, 171 So. 655.

Appellant, sentenced to the maximum penalty prescribed by F.S.1967, Section 811.16, F.S.A., asserts that since he is a first offender and since the property was returned to its lawful owner (with the exception of that retained by the state for use in evidence), he was entitled to be sentenced under the provisions of F.S. 1967, Section 811.17, F.S.A. Without determining the issue of whether appellant had made full restitution or the property sufficiently returned to the lawful owner, we find that it affirmatively appears the goods had been stolen in a burglary, thus making F.S.1967, Section 811.17, F.S.A., inapplicable. Flowers v. State, Fla.App. 1969, 222 So.2d 786.

The other points argued by appellant have been considered but they are likewise without merit and do not require comment.

The judgment is reversed and the sentence entered thereon is vacated and this cause remanded to the trial court with directions that a proper and lawful judgment be entered herein, and the appellant be sentenced as the justice of the cause shall require. Appellant’s testimony in his own behalf, if true, indicates that the trial court may be justified in considering the desirability of a presentence investigation.

Reversed, and remanded.

WALDEN and REED, JJ., concur.
II 

118TH CONGRESS 

1ST SESSION S. 2939 

To amend title XVIII of the Social Security Act to require reporting on 

enforcement and oversight of pharmacy access requirements under Medicare part D. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2023 

Mrs. BLACKBURN (for herself and Ms. HASSAN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to require 

reporting on enforcement and oversight of pharmacy access requirements under Medicare part D. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pharmacy Access 

5 Oversight and Reporting Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 2939 IS

1 SEC. 2. REPORTING ON ENFORCEMENT AND OVERSIGHT OF 

2 PHARMACY ACCESS REQUIREMENTS. 

3 Section 1860D–42 of the Social Security Act (42 

4 U.S.C. 1395w–152) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(e) BIENNIAL REPORT ON ENFORCEMENT AND

7 OVERSIGHT OF PHARMACY ACCESS REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of this subsection, and 

10 at least once every 2 years thereafter, the Secretary 

11 shall publish a report on enforcement and oversight 

12 actions and activities undertaken by the Secretary 

13 with respect to the requirements under section 

14 1860D–4(b)(1). 

15 ‘‘(2) LIMITATION.—A report under paragraph 

16 (1) shall not disclose— 

17 ‘‘(A) identifiable information about individ18 uals or entities unless such information is oth19 erwise publicly available; or 

20 ‘‘(B) trade secrets with respect to any enti21 ties.’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB