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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-7720

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DENNY R. GULLETT,

Defendant - Appellant.

Appeal from the United States District Court for the Southern

District of West Virginia, at Charleston. John T. Copenhaver, Jr.,

District Judge. (CR-94-17, CA-97-456-2)

Submitted: January 21, 2003 Decided: March 7, 2003

Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Cheryl Johns Sturm, Chadds Ford, Pennsylvania, for Appellant.

Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY,

Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

Rehearing granted, June 24, 2003
2

PER CURIAM:

Denny R. Gullett seeks to appeal the district court’s order

denying relief on his motion filed under 28 U.S.C. § 2255 (2000).

We have reviewed the record and conclude for the reasons stated by

the district court that Gullett has not made a substantial showing

of the denial of a constitutional right. See United States v.

Gullett, Nos. CR-94-17; CA-97-456-2 (S.D.W. Va. Sept. 30, 2002).

Accordingly, we deny a certificate of appealability and dismiss the

appeal. See 28 U.S.C. § 2253(c) (2000). 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
#### Ex parte Louis J. ROUSSEL.

77-53.

Supreme Court of Alabama.

Dec. 22, 1977.

ALMON, Justice.

WRIT DENIED.

TORBERT, C. J., and BLOODWORTH, FAULKNER and EMBRY, JJ., concur.
# tab5
#### Jacqueline IPPOLITO, Appellant, v. STATE of Florida, Appellee.

No. 71-144.

District Court of Appeal of Florida, Second District.

Dec. 21, 1971.

Appeal dismissed.
EXHIBIT 99.1

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


I, Gabriel Battista, Chief Executive Officer of Talk America Holdings, Inc. (the
"Company"),  have  reviewed  the Company's Quarterly Report on Form 10-Q for the
quarterly  period  ended  September  30, 2002 and, based on the inquiries I have
made  or  caused  to  be  made  in  the  fulfillment  of  my responsibilities as
the  Chief  Executive  Officer  of  Talk  America  Holdings,  Inc.,  I  hereby
certify  that:

     (i)  the  Talk America Holdings, Inc. Quarterly Report on Form 10-Q for the
quarterly  period  ended September 30, 2002 fully complies with the requirements
of  Section  13(a)  of the Securities Exchange Act of 1934, as amended; and (ii)
the  information  contained  in  such  Report  fairly  presents, in all material
respects,  the  financial  condition  and  results  of operation of Talk America
Holdings,  Inc.

This  certificate  is  being made for the exclusive purpose of compliance by the
Chief  Executive Officer of Talk America Holdings, Inc. with the requirements of
Section 906 of the Sarbanes-Oxley Act of 2002, and may not be used for any other
purposes.

/s/  Gabriel  Battista
----------------------
Gabriel  Battista
Chief  Executive  Officer
November  12,  2002
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-1717

_____________________________

STEVEN W. HAUN,

Appellant,

v.

DEPARTMENT OF CORRECTIONS,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

Karen A. Gievers, Judge.

June 11, 2019

PER CURIAM.

AFFIRMED.

WETHERELL, OSTERHAUS, and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Steven W. Haun, pro se, Appellant.
2

Ashley Moody, Attorney General, and Leslie A. Healer, Assistant 

Attorney General, Tallahassee, for Appellee.
FORM 10-K                                  Page 48

Exhibit 2.2(m)

                  CONE MILLS CORPORATION
                   3101 NORTH ELM STREET
                 GREENSBORO, NC 27415-6540

                     January 11, 1996


Rodolfo Garcia Muriel
Compania Industrial de Parras, S.A. de C.V.

Dear Rodolfo:

This will memorialize our December 22, 1995 sale to you and
your family under the Support Agreement of 1.5 million shares
of CIPSA stock in exchange for N$6,000,000.

The 1.5 million shares are from the total of 4,001,317 shares
purchased by Cone on June 25, 1993, the certificates for which
are presently in the custody of CIPSA for reissuance to
reflect CIPSA's recent recapitalization.  This is also
authority to CIPSA to issue said 1.5 million shares to you
upon receipt of wire transfer.

This confirms a wire transfer for dollars in the amount of
N$6,000,000 at the Janaury 12, 1996 exchange rate.

By signing below, you confirm this transaction and that
Section 9 of the Support Agreement has been complied with.

With best regards,

Sincerely,

CONE MILLS CORPORATION


/s/ J. Patrick Danahy                
President and Chief Executive Officer


Accepted and agreed to this
11th Day of January, 1996.

/s/ Rodolfo Garcia Muriel            
Director General


<PAGE>
Exhibit 23.2



CONSENT OF INDEPENDENT ENGINEERS



We hereby consent to the references to our firm and to its having reviewed the report of Consolidated Natural Gas Companys staff
engineers with regard to Consolidated Natural Gas Companys estimated proved reserves of gas and oil at December 31, 2003 appearing in Consolidated Natural Gas Companys Form 10-K for the year ended December 31, 2003 and in all current and
future registration statements of Consolidated Natural Gas Company that incorporate by reference such Form 10-K.



We further wish to advise that we are not employed on a contingent basis and that at the time of the preparation of our report, as well as at present, neither Ralph E.
Davis Associates, Inc., nor any of its employees had, or now has, a substantial interest in Consolidated Natural Gas Company or any of its subsidiaries, as a holder of its securities, promoter, underwriter, voting trustee, director, officer or
employee.



RALPH E. DAVIS ASSOCIATES, INC.



|                             
|-----------------------------
|                             
|/s/    Larry A. Barnett, P.E.
|                             
|Larry A. Barnett, P.E.       
|Senior Vice President        



Date
February 16, 2004
Exhibit 10.17


 


dELEGATION
Agreement 


 


Between


 


PRESTIGE
GLOBAL ASSET MANAGEMENT LIMITED


(PGAM)


 


and


 


Prestige
Asset Management Limited


(PAM)


 


In respect to the advisory agreement with Party
A


 






     


     


    

 


BACKGROUND:


 


		(A)	PGAM is qualified asset management company incorporated in Cayman Islands. PAM is qualified and asset management company incorporated
in Hong Kong. Party A has appointed PGAM as advisor to provide asset management related services.



 


		(B)	PGAM intends to delegate its duties as advisor to PAM including all responsibilities of the advisor services according to the advisory
agreement between Party A and PGAM.



 


THE PARTIES AGREE THAT:


 


		1.	Appointment of the Advisor



PGAM appoints PAM as advisor and PAM shall take all the
responsibility of the advisor service according to the advisory agreement between Party A and PGAM., please refer to the advisory agreement
signed by PGAM and Party A for more details in duties and service term.


 


		2.	Advisory Fee



 


		2.1	PGAM shall pay all received from Party A in amount of US $ to PAM as advisory fee.



 


		2.2	PGAM shall pay advisory fee to PAM no later than 10 days after collecting advisory fee from Party A. The payment shall not be postponed
unless agreed by both parties.



 


		3.	Amendment, Resignation and Termination



 


		3.1	This Agreement may only be amended by written agreement between the parties hereto.



 


		3.2	The agreement shall be deemed invalid when agreed by both parties or that the agreement cannot be executed due to force majeure.



 


		3.3	The party that intends to resign shall give all other parties written notice, effective upon receiving.



 


		3.4	On termination of this Agreement, the observant party shall be entitled to receive all fees and compensation
accrued due up to the date of such termination.



 


		4.	Governing Law



 


		4.1	This agreement shall be governed by and constructed in accordance with the laws of Hong Kong Special Administrative
Region of the People’s Republic of China (“Hong Kong”).



 


		4.2	Any dispute, controversy or claim arising out of, in connection with or relating to this agreement, including
the interpretation, validity, invalidity, breach or termination thereof, shall be settled by negotiation first, if not works, then by
arbitration. The arbitration shall be conducted in Hong Kong at the Hong Kong International Arbitration Centre.



 


		5.	This agreement shall come into force upon its due execution by the parties hereto with effect from
the date when the authorized signatures and chops are in place.



 


		6.	Both parties secure one copy of the agreement with equal legal force. 



 


 


[Signature Pages Follow]


 






    2


     


    

 


Prestige Global Asset Management Limited


 


Authorized signature:


 


Prestige Asset Management Limited


 


Authorized signature:


 


 


3
Exhibit 32.2


                            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 of Congoleum Corporation (the "Company") on
Form 10-K for the period ended December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Howard N. Feist
III, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to
the best of my knowledge:

      (1)   The Report fully complies with the requirements of section 13(a) or
            15(d) of the Securities Exchange Act of 1934, and

      (2)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.



March 24, 2005


/s/ Howard N. Feist III
-----------------------
Howard N. Feist III
Chief Financial Officer


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

This certification accompanies the Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.
18 of the Securities Exchange Act of 1934, as amended.
Table 6.  Homeownership Rates by Area:  Fourth Quarter 1994 and 1993 
   
                      
                                       Fourth     Fourth    Standard     Standard 
     Area                             quarter    quarter    error on     error on 
                                         1994      1993r   1994 rate   difference 
                                                        
 United States.........................  64.2       64.2         0.2          0.2
 
   Inside MAs..........................  62.0       61.7         0.2          0.3
     In central cities.................  48.3       48.8         0.3          0.5
     Not in central cities (suburbs)...  70.8       70.5         0.2          0.3
   Outside MAs.........................  71.5       72.6         0.3          0.5
                                     
  Northeast............................  61.4       61.5         0.4          0.6
  Midwest..............................  68.6       67.5         0.3          0.5
  South................................  65.7       65.8         0.3          0.4
  West.................................  59.6       60.2         0.4          0.5
                
 r Revised.              
 Note:  The metropolitan/nonmetropolitan data are now comparable to earlier data;
        see page 4 for explanation.

Source: U.S. Census Bureau
#### Donald D. BROOKS, Appellant, v. Marja L. BROOKS, Appellee.

No. 72-331.

District Court of Appeal of Florida, Fourth District.

May 24, 1972.

Appeal from Circuit Court, Brevard County; Wm. G. Akridge, Judge.

Appeal dismissed.
Table 7.  Homeownership Rates by Age of Householder:  Third Quarter 2000 and 1999


                              Third      Third    Standard   Standard
Age of householder           Quarter    Quarter   error on   error on
                                 2000       1999  2000 rate difference

United States..............      67.7       67.0        0.2        0.2

    Less than 25 years.....      22.4       20.4        0.6        0.9
    25 to 29 years.........      38.8       36.9        0.7        0.9
    30 to 34 years.........      54.6       54.2        0.6        0.8
    35 to 39 years.........      66.0       65.1        0.5        0.7
    40 to 44 years.........      70.7       69.6        0.5        0.7
    45 to 49 years.........      75.1       75.1        0.5        0.7
    50 to 54 years.........      78.7       77.8        0.5        0.7
    55 to 59 years.........      79.8       80.1        0.6        0.8
    60 to 64 years.........      80.4       81.3        0.6        0.8
    65 to 69 years.........      83.2       82.9        0.6        0.8
    70 to 74 years.........      82.0       83.2        0.6        0.9
    75 years and over......      78.6       78.2        0.5        0.7

      Less than 35 years...      41.1       40.1        0.4        0.5
      35 to 44 years.......      68.4       67.4        0.4        0.5
      45 to 54 years.......      76.8       76.3        0.4        0.5
      55 to 64 years.......      80.1       80.7        0.4        0.6
      65 years and over....      80.7       80.8        0.3        0.5
#### CITY OF MIAMI BEACH, a Florida municipal corporation, Appellant, v. SOUTHERN DYNAMIC ENTERPRISES, INC., Appellee.

No. 72-631.

District Court of Appeal of Florida, Third District.

July 10, 1972.

PER CURIAM.

Appeal dismissed.
Exhibit
31.1





CERTIFICATION
PURSUANT TO


SECTION
302 OF THE SARBANES-OXLEY ACT OF 2002





I, George
J. Coates, President, Chief Executive Officer and Principal Executive Officer of
Coates International, Ltd., certify that:





1. I have
reviewed this quarterly report on Form 10-Q of Coates International, Ltd. (the
"Company");





2. Based
on my knowledge, this quarterly 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 quarterly
report;





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





4. I am
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-14 and 15d-14) for the Company and I
have:





(a)
designed such disclosure controls and procedures to ensure that material
information relating to the Company, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period
in which this quarterly report is being prepared;





(b)
evaluated the effectiveness of the Company's disclosure controls and procedures
as of a date within 90 days prior to the filing date of this quarterly report
(the "Evaluation Date"); and





(c)
presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;





5. I have
disclosed, based on our most recent evaluation, to the Company's auditors and to
the audit committee of the Company's board of directors:





(a)
all significant deficiencies in the design or operation of internal controls
which could adversely affect the Company's ability to record, process, summarize
and report financial data and have identified for the Company's auditors any
material weaknesses in internal controls; and





(b)
any fraud, whether or not material, that involves management or other employees
who have a significant role in the Company's internal controls; and





6. I have
indicated in this quarterly report whether or not there were significant changes
in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of our most recent evaluation,
including any corrective actions with regard to significant deficiencies and
material weaknesses.




Dated: November 13, 2008
                By:
                /s/ George
      J. CoatesGeorge
      J. CoatesPresident,
      Chief Executive Officer
                  and Principal Executive Officer
No. 11904.

#### The St. Clair Street Realty Co. *v.*Beeman.

Decided October 26, 1909.

Error to Circuit Court of Cuyahoga county.

*Messrs. Goulder, Holding & Masten,*for plaintiff in error.

*Mr. C. L. Shazv*and *Mr. A. D. Licey,*for defendant in error.

Judgment affirmed on authority of *Benner*v. *Benner,*63 Ohio St., 220.

Crew, C. J., Summers, Spear, Davis, Shauck and Price, JJ., concur.
Table 7.  Homeownership Rates by Age of Householder:  Third Quarter 1998 and 1997


                              Third      Third    Standard   Standard
Age of householder           Quarter    Quarter   error on   error on
                                 1998       1997  1998 rate difference

United States..............      66.8       66.0        0.2        0.2

    Less than 25 years.....      18.1       18.3        0.6        0.9
    25 to 29 years.........      35.8       34.5        0.6        0.8
    30 to 34 years.........      54.6       53.4        0.6        0.8
    35 to 39 years.........      64.6       62.9        0.5        0.7
    40 to 44 years.........      71.0       70.1        0.5        0.7
    45 to 49 years.........      74.7       74.8        0.5        0.7
    50 to 54 years.........      78.3       78.2        0.5        0.8
    55 to 59 years.........      79.9       79.9        0.6        0.8
    60 to 64 years.........      82.4       80.2        0.6        0.9
    65 to 69 years.........      82.1       81.4        0.6        0.8
    70 to 74 years.........      82.1       82.3        0.6        0.9
    75 years and over......      77.1       76.1        0.5        0.7

      Less than 35 years...      39.5       38.9        0.4        0.5
      35 to 44 years.......      67.8       66.5        0.4        0.5
      45 to 54 years.......      76.3       76.3        0.4        0.5
      55 to 64 years.......      81.1       80.1        0.4        0.6
      65 years and over....      79.7       79.2        0.3        0.5
#### CONTINENTAL CASUALTY COMPANY, a foreign insurance corporation, Appellant, v. Earl E. MILES, Appellee.

No. 69-904.

District Court of Appeal of Florida. Third District.

Nov. 7, 1969.

PER CURIAM.

Appeal dismissed.
Table 7.  Homeownership Rates by Age of Householder:  Fourth Quarter 2002 and 2001


                               Fourth     Fourth   Standard   Standard
Age of householder            Quarter    Quarter   error on   error on
                                 2002       2001  2002 rate difference

United States..............      68.3       68.0        0.1        0.2

    Under 25 years.........      23.3       24.1        0.5        0.8
    25 to 29 years.........      39.5       40.8        0.6        0.9
    30 to 34 years.........      56.4       55.0        0.5        0.8
    35 to 39 years.........      65.7       64.9        0.5        0.7
    40 to 44 years.........      71.9       71.2        0.4        0.6
    45 to 49 years.........      75.2       74.5        0.4        0.6
    50 to 54 years.........      77.7       78.1        0.4        0.6
    55 to 59 years.........      80.9       81.9        0.4        0.7
    60 to 64 years.........      82.3       80.8        0.5        0.8
    65 to 69 years.........      82.2       82.4        0.5        0.8
    70 to 74 years.........      83.1       83.3        0.5        0.8
    75 years and over......      78.9       78.4        0.4        0.6

      Under 35 years.......      42.0       42.2        0.3        0.5
      35 to 44 years.......      69.0       68.2        0.3        0.5
      45 to 54 years.......      76.4       76.2        0.3        0.5
      55 to 64 years.......      81.5       81.4        0.3        0.5
      65 years and over....      80.8       80.7        0.3        0.4
#### Lewis P. BELL, Appellant, v. STATE of Mississippi, Appellee.

No. 46583.

Supreme Court of Mississippi.

Dec. 6, 1971.

Maynard, Fitzgerald, Maynard & Bradley, O. L. Garmon, III, Clarksdale, for appellant.

A. F. Summer, Atty. Gen., by James Haddock, Sp. Asst. Atty. Gen., Jackson, for appellee.

PER CURIAM.

Affirmed.
#### Ronald I. STRAUSS, Specially Appointed Public Defender for Charles Celona, and Charles Celona, Petitioners, v. DADE COUNTY, a Political Subdivision of the State of Florida, Respondent.

No. 41354.

Supreme Court of Florida.

Jan. 18, 1972.

Certiorari denied. 248 So.2d 241.

ROBERTS, C. J., and CARLTON, ADKINS, BOYD and DEKLE, JJ., concur.

ERVIN and McCAIN, JJ., dissent.
#### Ralph SILLER, Appellant, v. The LAKELAND LEDGER PUBLISHING CORPORATION, Appellee.

No. 71-74.

District Court of Appeal of Florida, Second District.

Sept. 14, 1971.

Appeal dismissed.