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

 

 

 

**President**

**Section 906 Certification under Sarbanes Oxley Act**

 

 

 

I, Michael G. Clark, certify that: 

 

| 1. | I have reviewed this report, filed on behalf of DWS Disciplined Long/Short Value Fund, a series of DWS Equity Trust, on Form N-CSRS; |
|----|--------------------------------------------------------------------------------------------------------------------------------------|

 

| 2. | Based on my knowledge and pursuant to 18 U.S.C. § 1350, the periodic report on Form N-CSRS (the “Report”) fully complies with the requirements of § 13 (a) or §15 (d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

| December 28, 2007 | /s/Michael G. Clark                                                 |
|-------------------|---------------------------------------------------------------------|
|              | Michael G. Clark                                                    |
|              | President                                                           |
|              | DWS Disciplined Long/Short Value Fund, a series of DWS Equity Trust |

 

 

----
**EXHIBIT 32.1**

**Written Statementof the Chief Executive Officer**

I,Scott C. Hennessy, as President and Chief Executive Officer of True TemperSports, Inc. (the “Company”), state and certify that this Form 10-QQuarterly Report for the period ended July 1, 2007, fully complies withthe requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that the information contained in this Form 10-QQuarterly Report for the period ended July 1, 2007, fairly presents, inall material respects, the financial condition and results of operations of theCompany.
| /s/ SCOTT  C. HENNESSY                  |   |
|-----------------------------------------|--------|
| Scott C. Hennessy                       |   |
| *President and Chief Executive Officer* |   |
| *(Principal Executive Officer)*         |   |
| August 15, 2007                    |   |

 

----
Exibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-74802) and Forms S-8 (No. 33-80080, No.
33-81844, No. 333-03524, No. 333-40229, No. 333-87061, No. 333-67482,
No. 333-102982) of Hollywood Entertainment Corporation of our report
dated March 17, 2005 relating to the financial statements, management's
assessment of the effectiveness of internal control over financial
reporting and the effectiveness of internal control over financial
reporting, which appears in this Form 10-K.
EXHIBIT 23



                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the (i) Registration  Statements
(Forms S-8 No. 33-41527, No. 33-55446, No. 33-55448, No. 33-78848, No. 33-78844,
No. 333-44763,  No. 333-44765,  No. 333-13007,  No. 33-78834,  No. 33-95270, No.
333-13015  and  No.  333-07879)  of  NTL  Incorporated  (formerly  International
CableTel  Incorporated (the "Company")) and (ii) Registration  Statements (Forms
S-3 No.  333-00118,  No.  33-92792,  No.  333-07879,  and No.  333-16751) of the
Company and in the related Prospectuses of our report dated March 20, 1998, with
respect to the  consolidated  financial  statements  and schedule of the Company
included in the Annual Report (Form 10-K) for the year ended December 31, 1997.




                                                  ERNST & YOUNG LLP


New York, New York
March 26, 1998
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ANDRE MARCEL HORNE, )

)

Petitioner, )

) Civil Action No. 06-24 Erie

v. )

)

WARDEN, JAMES F. SHERMAN, )

)

Respondent. )

MEMORANDUM ORDER

This habeas corpus action was received by the Clerk of Court on February 7,

2006, 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. 16], filed on

August 10, 2006, recommended that Petitioner’s Petition be dismissed for lack of

subject matter jurisdiction and that a certificate of appealability be denied. The parties

were allowed ten (10) days from the date of service to file objections. Service was

made on Petitioner by certified mail and on Respondent. Objections were filed by

Petitioner on September 13, 2006 [Doc. No. 19]. After novo review of the petition 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 September, 2006; 

IT IS HEREBY ORDERED that the Petitioner’s Petition for Writ of Habeas

Corpus is DISMISSED for lack of subject matter jurisdiction and a certificate of

appealability is DENIED. 

The Report and Recommendation [Doc. No. 16] of Magistrate Judge Baxter, filed

on August 10, 2006, is adopted as the opinion of the Court.

 s/ Sean J. McLaughlin

United States District Judge

cm: All parties of record

Case 1:06-cv-00024-SJM-SPB Document 20 Filed 09/26/06 Page 1 of 2
2

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:06-cv-00024-SJM-SPB Document 20 Filed 09/26/06 Page 2 of 2
##### 



Exhibit 31.2 Certification of Principal Financial Officer
Required by Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934,
as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 I, Thomas M. Donnelly, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Net Perceptions, 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. I am 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 my supervision,
to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to me by others within those
entities, particularly during the period in which this report is being
prepared; (b) [Paragraph omitted in accordance with SEC transition instructions] (c) Evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this report my 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 (d) 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 (the registrants fourth fiscal quarter in the
case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the registrants internal control over
financial reporting; and 5. I have disclosed, based on my 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 (or persons performing the equivalent
functions): (a) All 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. Date: May 11, 2004 /s/ Thomas M. DonnellyThomas M. DonnellyChief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR 03/31/1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          14,770
<SECURITIES>                                         0
<RECEIVABLES>                                    2,167
<ALLOWANCES>                                       370
<INVENTORY>                                          0
<CURRENT-ASSETS>                                17,664
<PP&E>                                           2,347
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  20,279
<CURRENT-LIABILITIES>                            5,558
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                             0
<OTHER-SE>                                      12,624
<TOTAL-LIABILITY-AND-EQUITY>                    20,279
<SALES>                                          2,128
<TOTAL-REVENUES>                                 2,128
<CGS>                                            1,890
<TOTAL-COSTS>                                    1,890
<OTHER-EXPENSES>                                 6,248
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                (34)
<INCOME-PRETAX>                                (5,976)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,976)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,976)
<EPS-BASIC>                                   (1.89)
<EPS-DILUTED>                                   (1.89)


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-02-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           1,193
<SECURITIES>                                         0
<RECEIVABLES>                                   94,915
<ALLOWANCES>                                     5,186
<INVENTORY>                                    140,153
<CURRENT-ASSETS>                               255,964
<PP&E>                                         309,729
<DEPRECIATION>                                 102,405
<TOTAL-ASSETS>                                 638,704
<CURRENT-LIABILITIES>                          164,173
<BONDS>                                        353,877
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           547
<OTHER-SE>                                     100,397
<TOTAL-LIABILITY-AND-EQUITY>                   638,704
<SALES>                                        850,568
<TOTAL-REVENUES>                               850,568
<CGS>                                          440,514
<TOTAL-COSTS>                                  736,090
<OTHER-EXPENSES>                                 (250)
<LOSS-PROVISION>                                 2,199
<INTEREST-EXPENSE>                              37,125
<INCOME-PRETAX>                                 77,729
<INCOME-TAX>                                     3,966
<INCOME-CONTINUING>                             73,763
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    73,763
<EPS-BASIC>                                       1.36
<EPS-DILUTED>                                     1.35


</TABLE>
CERTIFICATE 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 Roanoke Technology Corp. (the
"Company") on Form 10-Q for the quarter ended April 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
L. Smith, 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:

     (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 respect, the financial condition and result of operations of
          the Company.

     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.

/s/ David L. Smith
----------------------------------
Name:   David L. Smith
Title:  Chief Executive Officer and
        Chief Financial Officer

Date:   June  14, 2004
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 14, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-31017

Summary Calendar

JEFFREY NEAL MCKNIGHT,

Plaintiff-Appellant,

versus

STATE OF LOUISIANA BESE BOARD, STATE OF LOUISIANA DEPARTMENT OF

EDUCATION, CECIL PICARD, Superintendent, THE LOUISIANA

LEGISLATURE

Defendants-Appellees.

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

Appeal from the District Court 

for the Middle District Of Louisiana

No. 06-320-C-M2

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

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. 

PER CURIAM:*

Appellant Jeffrey Neal McKnight is appealing a dismissal

under FED. R. CIV. P. 12(b)(6) for failure to state a cognizable

claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C.

§ 2000e, et seq.. We review dismissal under FED. R. CIV. P.

12(b)(6) de novo. Martin K. Eby Constr. Co. v. Dallas Area Rapid

Transit, 369 F.3d 464, 467 (5th Cir. 2004) (citation omitted). We

agree with the district court that the complainant fails to state
a claim under Title VII, since a student is not considered an

employee of a school. See O’Connor v. Davis, 126 F.3d 112, 116

(2nd Cir. 1997). See also McGuinness v. Univ. of New Mexico Sch.

of Med., 170 F.3d 974, 979 (10th Cir. 1998). The complaint is

vague as to how his claims amount to constitutional violations or

violations of other federal laws warranting relief. 

The judgment of the district court is AFFIRMED.
#### F. B. CONDOMINIUMS, INC., a Florida corporation, et al., Appellants, v. AMERICAN METAL PRODUCTS CORPORATION, a Florida corporation, Appellee.

No. 69-711.

District Court of Appeal of Florida, Second District.

March 11, 1970.

Appeal dismissed.
Federal Depository Library ProgramPersistent URL Home Page      

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Powered by the Federal Depository Library Program.                A service of the U.S. Government Publishing Office.
TERMINATION AGREEMENT

         AGREEMENT made this 28th day of April, 2000, by and among R-TEC
TECHNOLOGIES, INC. ("R-Tec"); THE THORNHILL GROUP, INC. ("Thornhill"); and
STENTON LEIGH CAPITAL CORPORATION ("Stenton Leigh").

                               W I T N E S S E T H

         WHEREAS, R-Tec and Thornhill have previously entered into a Placement
Agreement, originally dated September 21, 1999, which was subsequently modified;
and

         WHEREAS, the R-Tec and Thornhill wish to terminate the Placement
Agreement, save for Section 10 providing for indemnification of certain claims
and liabilities; and

         WHEREAS, R-Tec and Stenton Leigh have previously entered into a
Consulting Agreement dated September 21, 1999; and

         WHEREAS, the R-Tec and Stenton Leigh wish to terminate the Consulting
Agreement, save for Paragraph 8 providing for indemnification of certain claims
and liabilities.

         NOW, THEREFORE, in consideration of the premises and the mutual
covenants and conditions contained herein, the parties agree as follows:

         1. Within twenty-four (24) hours of the full execution of this
Agreement by the parties, R-Tec shall pay to Thornhill the sum of Fifty Thousand
Dollars ($50,000) and to Stenton Leigh the sum of Ten Dollars ($10.00) in full
satisfaction of all claims for compensation and reimbursement of any type
including, without limitation, warrants or options, expense reimbursements
(whether accountable or otherwise), rights of first refusal, consultant fees or
<PAGE>

the like, arising out of or in connection with the Placement Agreement and the
Consulting Agreement.

         2. Except for Section 10 of the Placement Agreement and Paragraph 8 of
the Consulting Agreement, the Placement Agreement and the Consulting Agreement
are hereby terminated and without further force and effect.

R-TEC TECHNOLOGIES, INC.                            THE THORNHILL GROUP, INC.

     /s/ Philip Lacqua                                 /s/Lawrence Isaacson
By:_______________________________                  By:_______________________
      President                                           /s/President & CEO
Title:_____________________________                Title:____________________

Date: 4/28/00                                            4/20/00
____________________________                        Date:_____________________


STENTON LEIGH CAPITAL CORPORATION
   /s/Milton H. Barbarosh
By:_______________________________
       /ceo/
Title:____________________________

Date:4/20/0
___________________________________



<PAGE>
[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Page 53610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27202]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-542-001]


Columbia Gas Transmission Corporation; Notice of Proposed Changes 
in FERC Gas Tariff

October 8, 1997.
    Take notice that on October 2, 1997, Columbia Gas Transmission 
Corporation (Columbia) tendered for filing as part of its FERC Gas 
Tariff, Second Revised Volume No. 1, the following revised tariff sheet 
to become effective October 1, 1997:

[Substitute Twenty-First Revised Sheet No. 25]

    On September 30, 1997, Columbia filed revised tariff sheets, in 
Docket No. RP97-542-000, to remove the SFC charge from its rates 
effective October 1, 1997. However, subsequent to that filing, Columbia 
has determined that it made an inadvertent error in Footnote 5 on 
Twenty-First Revised Sheet No. 25. The incremental surcharge applicable 
to the former X-70 Rate Schedule did not reflect the adjustment for the 
removal of the SFC rate component, but should have. Therefore, as shown 
on Substitute Twenty-First Revised Sheet No. 25, the instant filing 
incorporates a revision to Footnote 5 to reflect the removal of the SFC 
rate component.
    Columbia states further that copies of this filing have been mailed 
to all of its customers, affected state regulatory commissions, and all 
parties in Docket No. RP95-408, et al proceedings.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, NE, 
Washington, DC 20426, in accordance with Section 385.211 of the 
Commission's Rules and Regulations. All such protests must be filed as 
provided in Section 154.210 of the Commission's Regulations. 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 proceeding. Copies of this filing are on file with the Commission 
and are available for public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-27202 Filed 10-14-97; 8:45 am]
BILLING CODE 6717-01-M
<PAGE>   1

EXHBIT 23 - CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in this Annual Report (Form 10-K)
of The Town and Country Trust of our report dated January 23, 1997, included in
the 1996 Annual Report to Shareholders of The Town and Country Trust.

Our audits also include the financial statement schedule of The Town and
Country Trust listed in the Index at item 14(a). This schedule is the
responsibility of the Company's management. Our responsibility is to express an
opinion based on our audits. In our opinion, the financial statement schedule
referred to above, when considered in relation to the basic financial
statements taken as a whole, presents fairly in all material respects the
information set forth therein.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-82932) pertaining to the Town and Country Trust Amended and
Restated 1993 Long-Term Incentive Plan of our report dated January 23, 1997,
with respect to the consolidated financial statements incorporated herein by
reference, and our report included in the preceding paragraph with respect to
the financial statement schedule included in this Annual Report (Form 10-K) of
The Town and Country Trust.

                                                       /s/ ERNST & YOUNG LLP


Baltimore, Maryland
March 26, 1997