alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The State, ex rel. Jenkins, Atty. Genl., *v.*Balkan Relief, Inc.

(No. 31105

Decided October 8, 1947.)

*Mr. Hugh 8. Jenkins,*attorney general, and *Mr. Joseph 8. Gill,*for relator.

No appearances for respondent.

By the Court.

This canse came on to be heard and was submitted to the court, and on consideration the court finds that summons for defendant was properly issued and returned not found, and that defendant has been duly served with summons by publication. The court finds further that defendant is in default for answer or demurrer, and that the averments of the petition that defendant has misused its corporate authority, franchises and privileges by unlawfully collecting money for purposes involving pecuniary gain and profit are confessed by defendant to be true.

It is therefore adjudged and decreed that said defendant corporation be and is hereby ousted, and its corporate rights, privileges, and franchises are hereby terminated and its articles of incorporation canceled. Said corporation is hereby dissolved.

The court further finds that the appointment of trustees for the benefit of creditors and stockholders of defendant corporation is not necessary.

*Judgment of ouster.*

Weygandt, C. J., Turner, Matthias, Hart, Zimmerman, Sohngen and Stewart, JJ., concur.
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

The undersigned, Gregory S. Collett, Principal Financial Officer of DB Commodity Services LLC, the Managing Owner of
PowerShares DB Commodity Index Tracking Fund (the Trust), hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Trusts Quarterly Report on Form 10-Q for the period ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the
Quarterly Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                           
|---------------------------
|                           
|/s/ Gregory S. Collett     
|Gregory S. Collett         
|Principal Financial Officer

November 14, 2006



E-5
# EXHIBIT 32.1

# CERTIFICATION PURSUANT
TO SECTION 906  OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly
Report of CurrencySharesSMEuro Trust (the Trust) on Form 10-Q for
the period ended July 31, 2008 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Kevin Farragher, Chief Executive Officer of Rydex
Specialized Products LLC, the Sponsor of the Trust, certify, 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, as amended; and

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

Date: September 8, 2008

/s/ Kevin Farragher  Kevin Farragher*Chief
Executive Officer(principal executive officer)

*The Registrant is a
trust and Kevin Farragher is signing in his capacity as the principal executive officer of
Rydex Specialized Products LLC, the Sponsor of the Registrant.
Exhibit 32.1




CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002






In connection with the Quarterly Report of Waterstone Financial, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2010, as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Douglas S. Gordon, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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.













/s/ Douglas S. Gordon


Douglas S. Gordon


Chief Executive Officer


November 5, 2010






A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Waterstone Financial, Inc. and will be retained by Waterstone Financial, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-7800

MAURO PALACIO,

Petitioner - Appellant,

v.

B. SULLIVAN,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Louise W. Flanagan, District Judge. (5:19-hc-02064-FL)

Submitted: July 30, 2020 Decided: August 4, 2020

Before WILKINSON, MOTZ, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mauro Palacio, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Mauro Palacio seeks to appeal the district court’s order dismissing without prejudice 

his 28 U.S.C. § 2241 (2018) petition. Upon review, we conclude that the appeal is moot.

“The mootness doctrine is a limitation on federal judicial power grounded in the

‘case-or-controversy’ requirement of Article III of the U.S. Constitution.” United States v. 

Springer, 715 F.3d 535, 540 (4th Cir. 2013); see U.S. Const. art. III, § 2, cl. 1. “Mootness 

is a jurisdictional question and thus may be raised sua sponte by a federal court at any stage 

of proceedings.” Springer, 715 F.3d at 540. “[A] case is moot when the issues presented 

are no longer ‘live’ or the parties lack a legally cognizable interest in the out-come.” 

Incumaa v. Ozmint, 507 F.3d 281, 285-86 (4th Cir. 2007) (internal quotation marks 

omitted). We lack jurisdiction over any portion of an appeal that becomes moot. Id. 

In his petition, Palacio—a federal prisoner at the time—sought good conduct credits 

under the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (2018). Palacio, however, is 

no longer incarcerated. Overserved prison time does not shorten a defendant’s term of 

supervision. United States v. Johnson, 529 U.S. 53, 59 (2000) (“The objectives of 

supervised release would be unfulfilled if excess prison time were to offset and reduce 

terms of supervised release. . . . Supervised release fulfills rehabilitative ends, distinct from 

those served by incarceration.”); United States v. Jackson, 952 F.3d 492, 498 

(4th Cir. 2020) (“Although custodial and supervised release terms are components of one 

unitary sentence, they serve different purposes. The conditions of a defendant’s supervised 

release are intended to provide the defendant with assistance in transitioning into 
3

community life.” (internal citation omitted)). Therefore, even if Palacio were entitled to 

good conduct credits, his release from incarceration renders this claim moot.

*

Accordingly, we deny Palacio’s motion to appoint counsel and dismiss this appeal 

as moot. We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED

* Because Palacio’s petition is moot, the deficiencies in the petition cannot be cured 

by amendment. See Bing v. Brivo Sys., LLC, 959 F.3d 605, 610-11 (4th Cir. 2020). Thus, 

the district court’s dismissal without prejudice is a final, appealable order.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40668 Conference Calendar

RAUL DE LA TORRE, Petitioner-Appellant,

versus JOHN TOMBONE, Warden, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas

USDC No. 1:02-CV-84

-------------------- October 29, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges

. PER CURIAM: * Raul De La Torre, federal prisoner # 30738-077, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging his 300-month sentence for conspiracy to possess over 1,000 kilograms of marijuana with intent to distribute and money laundering. He asserts that his guilty plea was involuntary and that his counsel rendered ineffective assistance by allowing De La Torre to plead guilty without understanding the consequencesNo. 02-40668 -2- of the plea, by misrepresenting the consequences of the plea, and by not advising De La Torre of his appellate rights. In order to raise this challenge to the validity of his conviction under 28 U.S.C. § 2241, De La Torre must show that 28 U.S.C. § 2255 provides an inadequate or ineffective remedy. Pack v. Yusuff , 218 F.3d 448, 452 (5th Cir. 2000). He has not shown that his claims are based on a retroactively applicable Supreme Court decision establishing that he may have been convicted of a nonexistent offense or that his claims were foreclosed by circuit law at the time that he filed his 28 U.S.C. § 2255 motion. See Henderson v. Haro , 282 F.3d 862, 863 (5th Cir. 2002). Consequently, the district court’s dismissal of De La Torre’s 28 U.S.C. § 2241 petition is AFFIRMED. De La Torre has moved for appointment of counsel on appeal. This motion is DENIED. See Schwander v. Blackburn , 750 F.2d 494, 502 (5th Cir. 1985).
AFFIRMED; MOTION DENIED.
EXHIBIT 14.1
 
 TALK AMERICA FINANCE CODE OF PROFESSIONAL CONDUCT
 
 Talk America's mission includes promotion of ethical and professional conduct in the practice of financial management. Talk America's Chief Executive Officer (CEO), Chief Financial Officer (CFO) and Principal Accounting Officer hold important roles in corporate governance in that they are uniquely capable and empowered to ensure that all shareholders' interests are appropriately balanced, protected and preserved. This Finance Code of Professional Conduct embodies principles by which the CEO, CFO and Principal Accounting Officer are expected to abide, and each of these individuals will:
 
 ·  Act ethically, with honesty and integrity, avoiding actual or apparent conflicts of interest between their personal and professional relationships.
 
 ·  Ensure that Talk America is in compliance with applicable laws, rules and regulations of federal, state and local governments, and other appropriate public regulatory agencies.
 
 ·  Provide shareholders with information that is accurate, complete, fair, relevant, timely and understandable, including in our filings with and other submissions to the U.S. Securities and Exchange Commission.
 
 If the CEO, CFO or Principal Accounting Officer is aware of any suspected or known violations of this Finance Code of Professional Conduct, such officer must promptly report such concerns to Talk America's General Counsel, or, submit the concern confidentially or anonymously by mailing it to Audit Committee, Talk America Holdings, Inc., P.O. Box 367, Buckingham, PA 18912-0367 or by sending an email to talkgeneralcounsel@yahoo.com. Any such reports will be considered by Talk America's Audit Committee. Any violations of this Finance Code of Professional Conduct may result in disciplinary action, including termination of employment.
 
 It is Talk America's intention that this Finance Code of Professional Conduct be its written code of ethics under Section 406 of the Sarbanes-Oxley Act of 2002 complying with the standards set forth in the Securities and Exchange Commission Regulation S-K Item 406.
Exhibit 32.1

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350,

Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Smart Balance, Inc., a Delaware corporation (the Company), does hereby certify, to such officers knowledge, that:

The Quarterly Report on Form 10-Q for the quarter ended June 30, 2007 (the Form 10-Q) of the Company fully complies with the requirements
of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                     |  |     |  |                                                                                                  
|-------------------- |  | --- |  | -------------------------------------------------------------------------------------------------
|                     |  |    
|Date: August 9, 2007 |  | By: |  | /s/ Stephen B. Hughes                                                                            
|                     |  |     |  | Stephen B. Hughes Chairman of the Board and Chief
Executive Officer (Principal 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.
[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Page 12281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4801]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 14187-000, 14199-000]


 Lock+ Hydro Friends Fund XXXIV; FFP Project 58, LLC; Notice 
Announcing Filing Priority for Preliminary Permit Applications

    On February 22, 2012, the Commission held a drawing to determine 
priority among competing preliminary permit applications with identical 
filing times. In the event that the Commission concludes that none of 
the applicants' plans are better adapted than the others to develop, 
conserve, and utilize in the public interest the water resources of the 
region at issue, the priority established by this drawing will serve as 
the tiebreaker. Based on the drawing, the order of priority is as 
follows:
    1. Lock+ Hydro Friends Fund XXXIV, Project No. 14187-000.
    2. FFP Project 58, LLC, Project No. 14199-000.

    Dated: February 22, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-4801 Filed 2-28-12; 8:45 am]
BILLING CODE 6717-01-P
Exhibit 31.3

CERTIFICATION

I, Allen E.
Larson, certify that:

1. I have
reviewed this annual report on Form 10-K of Minn-Dak Farmers Cooperative;

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 Company as of, and for,
the periods presented in this annual report;

4. The
Companys other certifying officers 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 Company and 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 annual report is being prepared;

b) evaluated
the effectiveness of the Company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 our internal control over financial reporting that
occurred during our most recent fiscal quarter (fourth fiscal quarter) that has
materially affected, or is reasonably likely to materially affect, our internal
control over financial reporting; and

5. the
Companys other certifying officers and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to our auditors
and to the audit committee of our Board of Directors:

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 our 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:
 11-26-08 | /s/
 Allen E. Larson                     | 
|                |                                          | 
|                | Controller
 and Chief Accounting Officer



---
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED  BALANCE  SHEET  AS OF  DECEMBER  31,  1998  AND  THE  CONSOLIDATED
STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31, 1998 OF TEL-SAVE .COM,  INC.
AND SUBSIDIARIES AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1000
<CURRENCY>                                     US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>                                DEC-31-1998
<PERIOD-START>                                   JAN-01-1998
<PERIOD-END>                                     DEC-31-1998
<EXCHANGE-RATE>                                            1
<CASH>                                             3,063,000
<SECURITIES>                                      89,649,000
<RECEIVABLES>                                     48,256,000
<ALLOWANCES>                                       1,669,000
<INVENTORY>                                                0
<CURRENT-ASSETS>                                 149,769,000
<PP&E>                                            64,267,000
<DEPRECIATION>                                     7,564,000
<TOTAL-ASSETS>                                   272,560,000
<CURRENT-LIABILITIES>                            136,708,000
<BONDS>                                                  000
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                             669,000
<OTHER-SE>                                     (137,454,000)
<TOTAL-LIABILITY-AND-EQUITY>                     272,560,000
<SALES>                                                    0
<TOTAL-REVENUES>                                 448,600,000
<CGS>                                                      0
<TOTAL-COSTS>                                    361,957,000
<OTHER-EXPENSES>                                 343,516,000
<LOSS-PROVISION>                                           0
<INTEREST-EXPENSE>                                29,184,000
<INCOME-PRETAX>                                (268,048,000)
<INCOME-TAX>                                      40,388,000
<INCOME-CONTINUING>                            (308,436,000)
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                   87,110,000
<CHANGES>                                                  0
<NET-INCOME>                                   (221,326,000)
<EPS-PRIMARY>                                         (3.73)
<EPS-DILUTED>                                         (3.73)
        



</TABLE>
Exhibit 32.1




CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002






In connection with the Quarterly Report of Waterstone Financial, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2010, as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Douglas S. Gordon, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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.













/s/ Douglas S. Gordon


Douglas S. Gordon


Chief Executive Officer


August 6, 2010






A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Waterstone Financial, Inc. and will be retained by Waterstone Financial, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.