alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lionel McCASTLE et al. v. TRI-G MARINE SUPPLIES CO. et al.

No. 11369.

Court of Appeal of Louisiana, First Circuit.

Oct. 17, 1977.

*783Etta Kay Hearn, Baton Rouge, of counsel for plaintiff-appellant Lionel McCastle, et al.

M. O’Neal Walsh, Baton Rouge, of counsel for defendant-appellee Tri-G Marine Supply Co. et al.

Robert L. Cangelosi, Baton Rouge, for defendant Earl J. Guidry.

Before LANDRY, SARTAIN and ELLIS, JJ.

LANDRY, Judge.

Plaintiffs appeal from judgment rejecting their respective actions in tort for alleged personal injuries resulting from their averred forcible ejection from a barge belonging to defendants and moored in the Mississippi River in the City of Baton Rouge. We affirm.

The alleged incident occurred on the night of July 4, 1973, when plaintiffs went to the river bank to witness a public fireworks display in celebration of Independence Day. Plaintiffs’ version of the incident is that they arrived after the fireworks display had ended. Thinking that defendants’ barge sold fireworks, plaintiffs boarded the barge to purchase fireworks and obtain a better view of the river. While on the barge, plaintiffs were insulted, cursed, ordered to leave and physically abused by defendants. Plaintiffs contended they saw no sign on the gang plank of the barge indicating a private party was in progress and for uninvited guests to keep away. They also testified they did nothing to provoke an assault and offered to leave voluntarily when told the party was private.

Defendants’ account of the occurrence is that they had erected a sign over the gang plank which sign stated that a private party was in progress, and which warned uninvited persons to keep off. Upon noting plaintiffs aboard, defendants requested that plaintiffs leave and plaintiffs did so without incident. After plaintiffs’ departure, unknown parties began throwing stones at the barge, striking one or more guests aboard.

Based on discrepancies in the testimony of plaintiffs’ witnesses, and failure of plaintiffs to call a single disinterested witness on their behalf, the trial court concluded that plaintiffs failed to prove their case by a preponderance of evidence. We find no manifest error in this determination. On the contrary, our independent review of the record discloses more than sufficient evidence to support the trial court’s factual finding.

Factual findings of the trier of fact are entitled to great weight on appellate review. Where there is a conflict of testimony, reasonable evaluations of credibility and reasonable inferences of fact made and drawn by the trier of fact should not be disturbed on appeal. *Canter v. Koehring Company, 283*So.2d 716 (La.1973).

The judgment is affirmed at plaintiffs’ cost.

Affirmed.
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 MTM Technologies, Inc. (the Company) on Form 10-K for the fiscal year ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Steven Stringer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to 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: June 24, 2008 |  | /s/ Steven Stringer                  
|                   
|                    |  | Steven Stringer                      
|                    |  | President and Chief Operating Officer

---
1 The Honorable Daniel Hovland, Chief J udge, United States District Court for the District of North Dakota. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 05-4457

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of North Dakota. Shondo Billie, * * [UNPUBLISHED] Appellant. *

___________ Submitted: April 5, 2007 Filed: April 10, 2007

___________ Before COLLOTON, HANSEN, and BENTON, Circuit Judges.

___________ PER CURIAM. A jury found Shondo Billie guilty of one count of sexual abuse of a minor, in violation of 18 U.S.C. § 2243(a), and four counts of aggravated sexual abuse of a minor, in violation of 18 U.S.C. § 2241(c). The district court 1 sentenced him to 230 months in prison and 5 years of supervised release. On appeal , counsel has filed a brief under Anders v. California , 386 U.S. 738 (1967), containing a request to withdraw. For the reasons discussed below, we affirm.-2- Counsel argues that the district court erred by denying the defense’s motion in limine to exclude any evidence of additional, similar abuses by Billie against the same victim during the same approximate period of time. We conclude that the district court did not abuse its discretion by adm itting this evidence under Federal Rules of Evidence 413 and 414 because, in the circumst ances of this case, the probative value of the evidence was not substantially out weighed by the danger of unfair prejudice. See United States v. Benais , 460 F.3d 1059, 1063 (8th Cir. 2006) (upholding admission of evidence of other sexual assaults under Fed. R. Evid. 413 and 414 when applying Fed. R. Evid. 403’s balancing test).
Having reviewed the record i ndependently under Penson v. Ohio , 488 U.S. 75 (1988), and having found no non-frivolous issues for appeal, we affirm the judgment of the district court and grant counsel’s request to withdra w. We deny Billie’s pending motion for substitute counsel.

______________________________
**Exhibit 31.2**








I, Andrew P. Kaplan, certify that:





1. I have reviewed this quarterly report on Form 10-Q of Audible, Inc.;





2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;





3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;





4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(3) and 15d-15(e)) for the registrant and have:





a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures designed under our supervision, to ensure that material information relating to the registrant, is made known to us by others within the entity, particularly during the period in which this report is being prepared; and





b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and





c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and





5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors:





a) A ll significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and





b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.





August 13, 2004
By:
/s/Name:
Andrew P. KaplanTitle:
Chief Financial Officer, Executive Vice President, Finance and Administration (Principal Financial Officer)
<Page>

                                                                    EXHIBIT 99.2



                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 on Form 10-K of GTC Biotherapeutics,
Inc. (the "Company") for the year ended December 29, 2002, as filed with the
Securities and Exchange Commission on the date hereof, (the "Report"), the
undersigned, Geoffrey F. Cox, Chief Executive Officer of the Company hereby
certifies, pursuant to 18 U.S.C. Section 1350, 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:  March 28, 2003                        /s/ Geoffrey F. Cox
                                           --------------------------------
                                                    Geoffrey F. Cox
                                                 Chief Executive Officer


A signed original of this written statement required by Section 906 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

<Page>

                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 on Form 10-K of GTC Biotherapeutics,
Inc. (the "Company") for the year ended December 29, 2002, as filed with the
Securities and Exchange Commission on the date hereof, (the "Report"), the
undersigned, John B. Green, Chief Financial Officer of the Company hereby
certifies, pursuant to 18 U.S.C. Section 1350, 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:  March 28, 2003                        /s/ John B. Green
                                           --------------------------------
                                                     John B. Green
                                                 Chief Financial Officer


A signed original of this written statement required by Section 906 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
**Exhibit 31.2**





I, Andrew P. Kaplan, certify that:





1. I have reviewed this quarterly report on Form 10-Q of Audible, Inc.;





2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;





3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;





4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:





a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, is made known to us by others within the entity, particularly during the period in which this report is being prepared; and





b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and





c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and





5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants independent registered public accounting firm and the audit committee of the registrants board of directors:





a) A ll significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and





b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.




November 12, 2004
By:
/s/ Andrew P. KaplanName:
Andrew P. KaplanTitle:
Chief Financial Officer, Executive Vice President, Finance and Administration (Principal Financial Officer)
#### In re ESTATE of Otis O. SWEET, Deceased. William D. Sweet et al., Appellants.

No. 71-21.

District Court of Appeal of Florida, Second District.

April 20, 1971.

Appeal dismissed.
Presidential Documents

Federal Register / Vol. 62, No. 195 / Wednesday, October 8, 1997 / Presidential Documents 52475

Presidential Determination No. 97–36 of September 30, 1997

Presidential Determination on Ex-Im Loan to China for

Shanghai Metro

Memorandum for the Secretary of State

Pursuant to section 2(b)(2)(D)(ii) of the Export-Import Bank Act of 1945,

as amended, I determine that it is in the national interest for the ExportImport Bank of the United States to extend a loan in the approximate

amount of $60 million to the People’s Republic of China to finance the

export of U.S. goods and services for the construction of Shanghai Metro

Phase II, Line I, located in the city of Shanghai, China.

You are authorized and directed to report this determination to the Congress

and to publish it in the 

œ–

Federal Register.

THE WHITE HOUSE,

Washington, September 30, 1997. [FR Doc. 97–26880

Filed 10–7–97; 8:45 am]

Billing code 4710–10–M
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3267 Enrolled Bill (ENR)]

        S.3267

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
         the third day of January, two thousand and twenty four

                                 An Act

 
To designate the facility of the United States Postal Service located at 
     410 Dakota Avenue South in Huron, South Dakota, as the ``First 
        Lieutenant Thomas Michael Martin Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. FIRST LIEUTENANT THOMAS MICHAEL MARTIN POST OFFICE BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 410 Dakota Avenue South in Huron, South Dakota, shall be 
known and designated as the ``First Lieutenant Thomas Michael Martin 
Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``First 
Lieutenant Thomas Michael Martin Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3001 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3001

To amend the Internal Revenue Code of 1986 to extend the exemption from 
  the excise tax on alternative motorboat fuels sold as supplies for 
 vessels or aircraft to include certain vessels serving only one coast.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 22), 2023

 Ms. Hirono (for herself, Ms. Murkowski, and Mr. Sullivan) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to extend the exemption from 
  the excise tax on alternative motorboat fuels sold as supplies for 
 vessels or aircraft to include certain vessels serving only one coast.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Fuel Tax Parity Act''.

SEC. 2. EXEMPTION FROM EXCISE TAX ON ALTERNATIVE MOTORBOAT FUELS 
              EXTENDED TO INCLUDE CERTAIN VESSELS SERVING ONLY ONE 
              COAST.

    (a) In General.--Section 4041(g) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new sentence: ``For 
purposes of subsection (a)(2), the exemption under paragraph (1) shall 
also apply to fuel sold for use or used by a vessel which is both 
described in section 4042(c)(1) and actually engaged in trade between 
the Atlantic (including the Gulf of Mexico) or Pacific ports of the 
United States (including any territory or possession of the United 
States).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to fuel sold for use or used after December 31, 2021.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           3,975
<SECURITIES>                                         0
<RECEIVABLES>                                   40,862
<ALLOWANCES>                                         0
<INVENTORY>                                     58,083
<CURRENT-ASSETS>                               115,058
<PP&E>                                         864,059
<DEPRECIATION>                                 276,622
<TOTAL-ASSETS>                                 934,434
<CURRENT-LIABILITIES>                          179,879
<BONDS>                                        200,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       354,067
<OTHER-SE>                                     (8,372)
<TOTAL-LIABILITY-AND-EQUITY>                   934,434
<SALES>                                        763,908
<TOTAL-REVENUES>                               763,908
<CGS>                                           87,799
<TOTAL-COSTS>                                   87,799
<OTHER-EXPENSES>                               714,022
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              31,893
<INCOME-PRETAX>                               (69,665)
<INCOME-TAX>                                    19,201
<INCOME-CONTINUING>                           (50,464)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (50,464)
<EPS-PRIMARY>                                   (1.30)
<EPS-DILUTED>                                   (1.30)
        

</TABLE>
Exhibit 31.3

                           Section 302 Certifications

         I, Mark E. Scott, certify that:

1. I have reviewed this quarterly report on Form 10-Q of IA Global, Inc.;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

Date:  February 3, 2004                 /s/ Mark E. Scott
                                        -----------------------
                                        Mark E. Scott
                                        Chief Financial Officer
#### Charles COLEMAN v. Janice Marie Coleman, separated wife of Charles COLEMAN, et al.

No. 61135.

Supreme Court of Louisiana.

Dec. 14, 1977.

In re: Charles Coleman, applying for cer-tiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 352 So.2d 710.

Writ 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 amendment to the quarterly report on Form 10-QSB/A of
        Technest Holdings, Inc. (the “Company”) for the quarter ended March 31, 2006, as
        filed with the Securities and Exchange Commission on the date hereof (the
        “Report”), the undersigned Chief Executive Officer and Chief Financial Officer
        of the Company do hereby certify, to their best knowledge and belief, pursuant
        to 18 U.S.C. § 1350, as adopted pursuant to § 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.


**/s/
                  Joseph P. Mackin**
              
              **/s/
                  Gino M. Pereira****Joseph
                  P. Mackin**
              
              **Gino
                  M. Pereira****Chief
                  Executive Officer**
              
              **Chief
                  Financial Officer****Date:
                  January 24, 2007**
              
              **Date:
                  January 24,
                  2007**