alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Certification Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002




The
following statement is provided by the undersigned to accompany the Annual
Report on Form 10-K for the year ended December 31, 2009 of Hub Group, Inc.
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and
shall not be deemed filed pursuant to any provision of the Exchange Act of 1934
or any other securities law.




Each of
the undersigned certifies that the foregoing Report on Form 10-K fully complies
with the requirements of Section 13(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78m) and that the information contained in the Form 10-K fairly
presents, in all material respects, the financial condition and results of
operations of Hub Group, Inc.




/s/
      David P. Yeager
              
              
              /s/
      Terri A. PizzutoDavid P. Yeager
              
              
              Terri
      A. PizzutoChairman and Chief Executive Officer
              
              
              Executive Vice President, Chief Financial Officer and
      Treasurer
IV

House Calendar No. 226

103D CONGRESS

2D SESSION H. RES. 550

[Report No. 103–755]

Waiving points of order against the conference report to accompany the

bill (S. 349) to provide for the disclosure of lobbying activities to influence the Federal Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1994

Mr. FROST, from the Committee on Rules, reported the following resolution;

which was referred to the House Calendar and ordered to be printed

RESOLUTION

Waiving points of order against the conference report to

accompany the bill (S. 349) to provide for the disclosure

of lobbying activities to influence the Federal Government, and for other purposes.

1 Resolved, That upon adoption of this resolution it

2 shall be in order to consider the conference report to ac3 company the bill (S. 349) to provide for the disclosure of

4 lobbying activities to influence the Federal Government,

5 and for other purposes. All points of order against the con6 ference report and against its consideration are waived ex-
2

HRES 550 RH

1 cept for the provisions of clause 2 of rule XXVIII (the

2 three-day availability requirement for conference reports).

3 The conference report shall be considered as read.

House Calendar No. 226

103D CONGRESS

2D SESSION H. RES. 550

[Report No. 103–755]

RESOLUTION

Waiving points of order against the conference rethe Federal Government, and for other purposes. the disclosure of lobbying activities to influence port to accompany the bill (S. 349) to provide for

SEPTEMBER 27, 1994

Referred to the House Calendar and ordered to be

printed
[No. 556-2.

Division Two.

November 29, 1971.]

#### Modesto Banchero, *Appellant,*v. John F. Roth *et al., Respondents.*

Appeal from a judgment of the Superior Court for King County, No. 701773, Horton Smith, J., entered April 14, 1970. *Affirmed*by unpublished opinion pursuant to RCW 2.06.040.
#### Granade HAMLETT and Clola Hamlett, Appellants, v. Michael WHITE et al., Appellees.

No. N-278.

District Court of Appeal of Florida, First District.

Nov. 7, 1972.

Rehearing Denied Dec. 13, 1972.

Lefferts L. Mabie, Jr., and Theodore J. Troxel, of Levin, Warfield, Graff & Ma-bie, Pensacola, for appellants.

Robert P. Gaines, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appel-lees.

PER CURIAM.

This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and the appellants having failed to demonstrate reversible error, the judgment of the lower court appealed from herein is affirmed.

SPECTOR, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.
**Exhibit 31.1**

 

**CERTIFICATIONOF PRINCIPAL EXECUTIVE OFFICER**

**PURSUANTTO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, James T. Engen,certify that:

 

1.             Ihave reviewed this quarterly report on Form 10-Q of LOUDTechnologies Inc.;

 

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

 

3.             Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.             Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a)           Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during theperiod in which this report is being prepared;

 

(b)           Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c)           Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.             Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirector:

 

(a)           Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b)           Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
| Dated: August 15,  2005 | By:    | /s/ James T. Engen                       |
|-----------------------------------|--------|------------------------------------------|
|                              |   | James T. Engen                           |
|                              |   | *President  and Chief Executive Officer* |

 

1

----
#### STATE of Florida, Petitioner, v. Robert C. MILLER, Respondent.

No. 44740.

Supreme Court of Florida.

March 13, 1974.

Certiorari denied. 285 So.2d 41.

ADKINS, C. J., and ROBERTS, BOYD and McCAIN, JJ., concur.

DEKLE, J., dissents.
#### Carl Franklin BREWER v. STATE.

No. 38905.

Supreme Court of Florida.

Sept. 1969.

Certiorari denied without opinion. 224 So.2d 713.
#### Fred Hayward GREENE, Appellant, v. STATE of Florida, Appellee.

No. P-85.

District Court of Appeal of Florida, First District.

Aug. 31, 1972.

Don Dansby, Public Defender, and Ken Davis, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and A. S. Johnston, Asst. Atty. Gen., for appellee.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court is affirmed.

CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
No. 10713.

#### Ruthruff *v.*Hinman.

Decided February 16, 1909.

Error to Circuit Court of Crawford county.

*Mr. W. J. Schwenck*and *Mr. J. W. Wright,*for plaintiff, in error.

*Mr. R. V. Sears*and *Mr. Thomas Beer,*for defendant in error.

Judgment affirmed.

Davis, Spiauck and Price, JJ., concur.
#### Robert T. DePEW, d/b/a Jet Slide Company, Appellant, v. John M. SYLVIA, Appellee.

No. O-499.

District Court of Appeal of Florida, First District.

July 25, 1972.

*76William Fisher, Jr., of Fisher, Hertz & Bell, Pensacola, for appellant.

Gordon B. Johnston, of Sharp, Johnston & Brown, Vero Beach, and Lefferts L. Mabie, Jr., of Levin, Warfield, Graff, Ma-bie & Rosenbloum, Pensacola, for appellee.

RAWLS, Judge.

Appellant-defendant appeals a final judgment entered upon a jury verdict in favor of appellee-plaintiff for injuries sustained while riding appellant’s “Jet Slide.”

By this appeal, appellant contends: (1) The trial court erred in not directing a verdict for appellant on the doctrine of assumption of risk, and (2) appellant was entitled to a charge on the doctrine of assumption of risk.

Pertinent facts are: Appellee with his wife and two children registered at a Pensacola Beach motel while on vacation; during the evening they traveled to the area of an amusement device known as a Jet Slide; Sylvia purchased tickets for himself and his children for the Jet Slide ride; they moved with the crowd of prospective riders toward a several-tiered stairway leading to the top of the slide; at the bottom of the stairs Sylvia picked up a burlap sack which was provided by appellant for use on the slide; about halfway up the stairs Sylvia observed that the slide looked “mighty high” and testified about his feelings at this point in the ascent as follows: *“I*had never been on anything like this before, and it was a little unfamiliar to me, but I saw all those people going up, so I guess I didn’t want to show the kids I was chicken, I wasn’t going to turn around and go back down. I went on up to the top.” Upon reaching the top, Sylvia crawled into the burlap sack (as he observed others doing) and began the descent. While descending, Sylvia had the sensation of “lifting off” between the inclines; he did not know of any way to slow himself; as he approached the second incline, he became airborne and then dropped about four feet to a tremendous jarring on his buttocks. Sylvia sustained a fracture and a 40% compression of the intervertebral disk space between T-12 and L-l.

The doctrine of assumption of risk cannot be invoked unless it is clearly shown that the particular risk or danger shall have been known and appreciated by the person injured. The uncontroverted testimony here is that Sylvia had never seen a device of this type prior to his riding upon same and was unfamiliar with its operation. Appellant insists that since Sylvia testified as to his own fears of using the slide and that he would have walked down except that he did not want his children to think him “chicken,” this presents a clear *77case of assumption of risk. We do not agree. An amusement device is designed to provide thrills without providing injury. The owner of the slide put wax on it to make it slide faster and Comet to slow it down. The doctrine of assumption of risk was not available to appellant.

The judgment appealed is affirmed.

CARROLL, DONALD K., Acting C. J., and JOHNSON, J., concur.
#### Andrew WILKES, Appellant, v. The STATE of Florida, Appellee.

No. 72-77.

District Court of Appeal of Florida, Third District.

April 11, 1972.

Andrew Wilkes, in pro. per,

Robert L. Shevin, Atty. Gen., for appel-lee.

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

PER CURIAM.

This court proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with a copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of this appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.
H. Res. 564

In the House of Representatives, U. S.,

October 5, 1994.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule

XXIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 5110) to approve and implement the trade

agreements concluded in the Uruguay Round of multilateral

trade negotiations. The first reading of the bill shall be dispensed with. All points of order against the bill and against

its consideration are waived. General debate shall proceed

without intervening motion, shall be confined to the bill, and

shall not exceed four hours equally divided and controlled by

the chairman and ranking minority member of the Committee

on Ways and Means. Pursuant to section 151(d) of the Trade

Act of 1974, after general debate the Committee shall rise

and report the bill to the House. Pursuant to section

151(f)(2) of the Trade Act of 1974, the previous question
2

HR 564 EH

shall be considered as ordered on the bill to final passage

without intervening motion.

Attest:

Clerk.
Exhibit 32


                           Section 1350 Certifications


                         STATEMENT FURNISHED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned is the Chief Executive and Financial Officer of Newsearch, Inc.
This Certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of
2002. This Certification accompanies the Annual Report on Form 10-KSB of
Newsearch, Inc. for the year ended December 31, 2004.

The undersigned certifies that such 10-KSB Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that the information contained in such 10-KSB Report fairly presents, in all
material respects, the financial condition and results of operations of
Newsearch, Inc. as of December 31, 2004.

This Certification is executed as of June 16, 2006.

                                     /s/ Dean Wicker
                                     -------------------------------------------
                                     Dean Wicker
                                     Director, CEO, President and CFO
                                     (Principal Executive and Financial Officer)


A signed original of this written statement required by Section 906 has been
provided to us, Inc. and will be retained by Newsearch, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
EXHIBIT 15

To the Board of Directors and Shareholders of
Gerber Scientific, Inc.:



|Re: | Registration Statements on Form S-8,
|--- | ------------------------------------
|    | File No. 2-93695, No. 33-58668,     
|    | No. 333-26177, No. 333-42879,       
|    | No. 333-81447, No. 333-83463,       
|    | No. 333-39754, and No. 333-116991   
|    |                                     

With respect to the subject Registration Statements, we acknowledge our awareness of the use therein of our report dated December 9, 2004 related to our review of interim financial information.



Pursuant to Rule 436 under the Securities Act of 1933 (the Act), such reports are not considered a part of a Registration Statement prepared or certified by an accountant or a report prepared or certified by an accountant within the meaning of Sections 7 and 11 of the Act.

/ s / KPMG LLP

Hartford, Connecticut
December 9, 2004
House Calendar No. 202

103D CONGRESS

2D SESSION H. RES. 504

[Report No. 103–657]

RESOLUTION

Waiving points of order against the conference reending September 30, 1995. nancing, and related programs for the fiscal year appropriations for foreign operations, export fi- port to accompany the bill (H.R. 4426) making

AUGUST 3, 1994

Referred to the House Calendar and ordered to be

printed
IV

House Calendar No. 202

103D CONGRESS

2D SESSION H. RES. 504

[Report No. 103–657]

Waiving points of order against the conference report to accompany the

bill (H.R. 4426) making appropriations for foreign operations, export

financing, and related programs for the fiscal year ending September

30, 1995.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1994

Mr. HALL of Ohio, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be

printed

RESOLUTION

Waiving points of order against the conference report to

accompany the bill (H.R. 4426) making appropriations

for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1995.

1 Resolved, That all points of order against the con2 ference report to accompany the bill (H.R. 4426) making

3 appropriations for foreign operations, export financing,

4 and related programs for the fiscal year ending September

5 30, 1995, and against its consideration are waived.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 530 Introduced in House (IH)]

103d CONGRESS
  2d Session
H. RES. 530

Providing that the House should not consider health care legislation in 
 violation of section 252 of the Balanced Budget and Emergency Deficit 
   Control Act of 1985 or any health care legislation that amends or 
                        supercedes that section.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 1994

  Mr. Miller of Florida submitted the following resolution; which was 
                   referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
Providing that the House should not consider health care legislation in 
 violation of section 252 of the Balanced Budget and Emergency Deficit 
   Control Act of 1985 or any health care legislation that amends or 
                        supercedes that section.

Whereas the Budget Enforcement Act of 1990 was enacted to reduce Government 
        spending;
Whereas the Budget Enforcement Act of 1990 was designed to ensure that any 
        changes to mandatory spending programs be deficit neutral;
Whereas health care expenditures are the fastest growing portion of the Federal 
        budget; and
Whereas health care legislation reported by the Committee on Education and Labor 
        and the Committee on Ways and Means contain large expansions of Federal 
        health expenditures: Now, therefore, be it
    Resolved, That no health care legislation should be considered by 
the House of Representatives--
            (1) that the Congressional Budget Office finds would cause 
        a sequestration under section 252 of the Balanced Budget and 
        Emergency Deficit Control Act of 1985, or
            (2) that would amend or supercede that section.
                                 <all>
```
#### H. J. SNYDER et al. v. UNITED STATES of America.

No. 1547.

Circuit Court of Appeals, Tenth Circuit.

March 11, 1937.

J. O. Cooke, of Atlanta, Tex., for appellants.

William C. Lewis, U. S. Atty., of Oklahoma City, Old.

*1019Before LEWIS and PHILLIPS, Circuit Judges.

PER CURIAM.

lee. Appeal dismissed on motion of appel-
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 538 Introduced in House (IH)]

103d CONGRESS
  2d Session
H. RES. 538

 Expressing the sense of the House of Representatives that communities 
 should establish multidisciplinary team approaches to treat children 
                  who suffer from sickle cell disease.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 1994

 Mr. Cramer submitted the following resolution; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
 Expressing the sense of the House of Representatives that communities 
 should establish multidisciplinary team approaches to treat children 
                  who suffer from sickle cell disease.

Whereas it is estimated that more than 250,000 babies are born worldwide with 
        sickle cell anemia, a form of sickle cell disease which causes red blood 
        cells to elongate and clog arteries;
Whereas sickle cell disease is found in people of African, Mediterranean, 
        Indian, and Middle Eastern heritage;
Whereas, in the United States, sickle cell disease is most commonly observed in 
        blacks and Hispanics from the Caribbean, Central America, and parts of 
        South America;
Whereas it is estimated that 1 in 400 African American newborns is afflicted 
        with sickle cell anemia at birth;
Whereas the pain associated with a sickle-cell-induced clot can mimic symptoms 
        of several other diseases, making sickle cell disease difficult to 
        diagnose;
Whereas the recurrent and unpredictable nature of sickle cell disease can 
        adversely affect both school and work attendance and may reduce a 
        patient's sense of self-esteem;
Whereas there still exists a need to improve the quality of life for children 
        who suffer from sickle cell disease, notwithstanding that the life 
        expectancy of patients with sickle cell disease has improved 
        considerably since 1960; and
Whereas multidisciplinary team approaches have proven successful in treating 
        children with sickle cell disease: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) communities should establish multidisciplinary team 
        approaches to treat effectively children with sickle cell 
        disease; and
            (2) such approaches should incorporate the early 
        administration of prophylactic penicillin to infants with 
        sickle cell anemia, patient enrichment programs, educational 
        programs, counseling programs for children and their families, 
        and screening programs.
                                 <all>
```