alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 on Form 10-K of Bremer Financial Corporation (the
Company) for the period ended December 31, 2004, as filed with the Securities
and Exchange Commission on March 25, 2005 (the Periodic Report), I, Stan K.
Dardis, President and Chief Executive Officer of the Company, hereby 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
Periodic Report fully complies with the requirements of Section 13(a) or           15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | -- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

|Dated: |                                                                                | March 25, 2005 |  |  | /s/   Stan K. Dardis | 
|------ | ------------------------------------------------------------------------------ | -------------- |  |  | -------------------- | 
|       |                                                                                |                | 
|       | Stan K. DardisPresident andChief Executive OfficerBremer Financial Corporation |
Exhibit 32.1



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO 18 USC § 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002



In connection with the annual report of Voyant International Corporation (the Company) on Form 10-K/A for the fiscal year ended December 31, 2008 as filed with the Securities and Exchange Commission (the Report), I, Dana Waldman, Chief Executive Officer (Principal Executive Officer) of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| |     |                                                                                                                                      
| | --- | -------------------------------------------------------------------------------------------------------------------------------------
| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the date and for the periods indicated.





|                                                                  
|------------------------------------------------------------------
|Date: July 22, 2009                                               
|                                                                  
|/s/ Dana Waldman                                                  
|Dana Waldman
Chief Executive Officer (Principal Executive Officer)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       8,701,558
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             7,583,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 52,137,753
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                    239,116,440
<ALLOWANCE>                                  3,117,068
<TOTAL-ASSETS>                             323,407,769
<DEPOSITS>                                 282,049,156
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                         13,579,007
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        24,798
<OTHER-SE>                                  27,754,808
<TOTAL-LIABILITIES-AND-EQUITY>              27,779,606
<INTEREST-LOAN>                              4,670,273
<INTEREST-INVEST>                            1,022,345
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                             5,692,618
<INTEREST-DEPOSIT>                           2,947,386
<INTEREST-EXPENSE>                           2,996,424
<INTEREST-INCOME-NET>                        2,696,194
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                             120,672
<EXPENSE-OTHER>                              2,355,809
<INCOME-PRETAX>                              1,337,727
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                      915,995
<NET-INCOME>                                         0
<EPS-PRIMARY>                                     0.44
<EPS-DILUTED>                                     0.43
<YIELD-ACTUAL>                                    7.75
<LOANS-NON>                                  1,850,214
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                               114,110
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             3,061,451
<CHARGE-OFFS>                                  112,726
<RECOVERIES>                                    48,176
<ALLOWANCE-CLOSE>                            3,117,068
<ALLOWANCE-DOMESTIC>                         3,117,068
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Ming Hsieh, President and Chief Executive Officer of
Cogent, Inc. (the Registrant), do hereby certify in accordance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

(1) the Quarterly Report on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report),
fully complies with the requirements of Section 13(a) 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 Registrant.

This certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.

Dated: November 8,
2007



|                                                                              
|------------------------------------------------------------------------------
|                                                                              
|                                                                              
|/S/ MING HSIEH                                                                
|Ming Hsieh President and Chief Executive Officer (Principal Executive Officer)
**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 on Form 10-Q of APD Antiquities, Inc. (the “Company”) for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Cindy K. Swank, Chief Executive Officer and Principal Financial Officer of the Company, hereby certifies, 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. 

| Dated:  May 16, 2011

By:  /s/ Cindy K. Swank

 

        Cindy K. Swank

 

        President, Treasurer,

        CEO, Principal Financial Officer

This certification accompanies each Report pursuant to § 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 §18 of the Securities Exchange Act of 1934, as amended. 

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. |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### Anita BORDELON, et al. v. Michael JACKSON, et al.

No. 86-C-2498.

Supreme Court of Louisiana.

Jan. 9, 1987.

In re Sentry Indemnity Co.; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. CA-5157; Parish of Orleans, Civil District Court, Div. “C”, No. 83-10010.

Prior report: La.App., 499 So.2d 392.

Not considered. The application was not timely, and the judgment is definitive. La. C.C.P. art. 2166.
#### The DEAN COMPANY, Appellant, v. U.S. HOME CORPORATION, INC., and Imperial Cove Condominium XIII Association, Inc., Appellees.

No. 84-2711.

District Court of Appeal of Florida, Second District.

Dec. 30, 1987.

*1153David E. Platte, Clearwater, for appellant.

Andrew J. Rodnite, Jr. of Park, Smith, Dayton and Bugg, P.A., Clearwater, for appellee U.S. Home Corp., Inc.

ON MOTION TO ENFORCE MANDATE

FRANK, Judge.

The Dean Company seeks relief from the trial court’s order, entered following the issuance of our mandate, permitting U.S. Home Corporation to pursue an amended complaint asserting entitlement to contribution as a result of a judgment awarded a condominium association. This matter is before us in alternative forms, i.e., a motion to enforce our mandate, a writ of mandamus, a writ of prohibition, or a writ of certiorari. We enforce the mandate and deny the petition in all other respects. We direct the trial court to enter an order dismissing the amended complaint.

We noted in our opinion in *The Dean Company v. U.S. Home Corporation, Inc.,*485 So.2d 438, 440 (Fla. 2d DCA 1986), that during the trial and before judgment, U.S. Home Corporation elected to confine its cause of action to a claim for indemnification rather than for contribution. The trial court, however, determined at the close of the evidence, and in spite of U.S. Home’s election, to allow amendment of the complaint to conform to the evidence. That amendment had the effect of transforming the action from one for indemnification to one for contribution. The error we found on appeal emerged from that amendment, 485 So.2d at 439, and precludes U.S. Home from resuming the litigation based upon a theory of contribution.

We anticipated, consistent with our mandate, that further proceedings would comply with the effect to be given our opinion within the boundaries of applicable and controlling principles of law. Thus, in requiring the trial court to enter judgment discharging Dean from liability to U.S. Home for indemnification, we by no means created an opportunity for U.S. Home to pursue an action for contribution. U.S. Home’s choice of an indemnification remedy and its renunciation of the alternative, contribution, foreclosed the present effort to force Dean to assist in satisfying the association’s judgment. At the time of trial, indemnification and contribution were coexistent, mutually exclusive remedies, and “[w]hen a party elects between two or more inconsistent courses and has knowledge of all the pertinent facts, he binds himself to the course he adopts.... ” *Barbe v. Villeneuve,*505 So.2d 1331 (Fla.1987); *see Encore, Inc. v. Olivetti Corporation of America,*326 So.2d 161, 163 (Fla.1976).

This matter is remanded to the trial court for further proceedings consistent with this opinion.

LEHAN, A.C.J., and HALL, J., concur.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

757 

CA 13-00402 

PRESENT: SMITH, J.P., CENTRA, CARNI, WHALEN, AND DEJOSEPH, JJ. 

 

 

DAVID M. REYNOLDS, 

CLAIMANT-RESPONDENT-APPELLANT, 

V MEMORANDUM AND ORDER

STATE OF NEW YORK, 

DEFENDANT-APPELLANT-RESPONDENT. 

(CLAIM NO. 106738.) 

 

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF

COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT. 

BURKWIT LAW FIRM, PLLC, ROCHESTER (CHARLES F. BURKWIT OF COUNSEL), FOR

CLAIMANT-RESPONDENT-APPELLANT. 

 

Appeal and cross appeal from a judgment of the Court of Claims

(Nicholas V. Midey, Jr., J.), entered November 5, 2012. The judgment

awarded claimant money damages after a nonjury trial. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed without costs.

Memorandum: Claimant commenced this action seeking damages

arising from injuries he allegedly sustained when New York State

Troopers used excessive force against him during a traffic stop. The

Court of Claims bifurcated the trial and found in favor of claimant on

the issue of liability, i.e., that the use of force constituted an

assault and battery against claimant. Defendant now appeals and

claimant cross-appeals from a judgment awarding claimant money damages

after the trial on damages. 

Contrary to claimant’s contention, the court’s determination that

the assault was not a proximate cause of claimant’s lumbar spine

injuries is supported by a fair interpretation of the evidence (see

Treat v Wegmans Food Mkts., Inc., 46 AD3d 1403, 1404-1405). The court

determined that claimant suffered a closed head injury and herniated

discs in his cervical spine as a result of the assault, and awarded

claimant $225,000 for past pain and suffering and $475,000 for future

pain and suffering. Contrary to the contentions of claimant and

defendant, the award for past and future pain and suffering does not

deviate materially from what would be reasonable compensation (see

CPLR 5501 [c]; Ellis v Emerson, 57 AD3d 1435, 1437). 

Claimant further contends that the award of $300,000 for future
-2- 757 

CA 13-00402 

medical expenses should be increased to cover treatment for his lumbar

spine injuries, closed head injury and resulting symptoms, and

emotional issues. Inasmuch as the court did not err in concluding

that the lumbar spine injuries were not a proximate result of the

assault, we conclude that the court did not err in failing to award

future medical expenses for those injuries. With respect to the

closed head injury and emotional issues, we conclude that claimant

failed to establish with the requisite reasonable certainty that he

would require future medical expenses to treat those injuries (see

Huff v Rodriguez, 45 AD3d 1430, 1433; Faas v State of New York, 249

AD2d 731, 732).

Entered: June 20, 2014 Frances E. Cafarell

Clerk of the Court
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU NE 22, 2016

NO. 03

- 14

- 00488

- CR

Stewart Lindsay Sherrod, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 207TH DISTRICT COURT OF COMAL COUNTY

BEFORE CHIEF JUSTICE RO SE, JUSTICES GOODWIN AND BOURLAND

AFFIRMED

-- OPINION BY JUSTICE BOURLAND

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed

the record and the parties’ arguments, the Court holds that there was no reversible error in the

trial court’s judgment of conviction . Therefore, the Court affirms the trial court’s judgment of

conviction

. Because appellant is indigent and unable to pay costs, no adjudicati on of costs

is made.
[Federal Register Volume 77, Number 4 (Friday, January 6, 2012)]
[Notices]
[Pages 795-796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-71]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than January 23, 2012.
    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant 
Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:
    1. Thomas Benton Hunter, III, Lake Forest, Illinois; as trustee of 
the Hunter 2012 Annuity Trust, and the Hunter 2012 Annuity Trust, both 
in Chicago, Illinois; to join the existing Steans

[[Page 796]]

Family Control Group, Rosemont, Illinois, and acquire voting shares of 
Taylor Capital Group, Inc., Rosemont, Illinois, and thereby indirectly 
acquire voting shares of Cole Taylor Bank, Chicago, Illinois.

    Board of Governors of the Federal Reserve System, January 3, 
2012.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2012-71 Filed 1-5-12; 8:45 am]
BILLING CODE 6210-01-P
**EXHIBIT 32.1**

 

**CERTIFICATION OF PERIODIC FINANCIAL REPORTPURSUANT TO 18 U.S.C. SECTION 1350**

 

Theundersigned officer of WII Components, Inc. (the “Company”) herebycertifies that the Company’s quarterly report on Form 10-Q for thequarterly period ended September 30, 2010 to which this certification isbeing furnished as an exhibit (the “Report”), as filed with the Securities andExchange Commission on the date hereof, fully complies with the requirements ofSection 13(a) or 15(d), as applicable, of the Securities Exchange Actof 1934, as amended (the “Exchange Act”), and that the information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company. This certification is provided solely pursuant to 18 U.S.C.Section 1350 and Item 601(b)(32) of Regulation S-K (“Item 601(b)(32)”)promulgated under the Securities Act of 1933, as amended (the “Securities Act”),and the Exchange Act.  In accordance withclause (ii) of Item 601(b)(32), this certification (A) shall notbe deemed “filed” for purposes of Section 18 of the Exchange Act, orotherwise subject to the liability of that section, and (B) shall not bedeemed to be incorporated by reference into any filing under the Securities Actor the Exchange Act, except to the extent that the Company specificallyincorporates it by reference.

 
| **Date: November 12, 2010** |                                                     |
|----------------------------------|----------------------------------------------------------|
|                             | /s/ Dale B. Herbst                                       |
|                             | Name: Dale B. Herbst                                     |
|                             | Title: Chief Financial  Officer, Treasurer and Secretary |

 

1

----
#### Bonnie T. YOCUM v. FOREST ENERGY CONSTRUCTION MANAGEMENT CORPORATION, James B. Teel, and Ranger Insurance Company.

No. 87-C-2086.

Supreme Court of Louisiana.

Nov. 13, 1987.

In re Yocum, Bonnie T,; applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 18818-CA; Parish of Winn, 8th Judicial District Court, No. 25998.

Denied.
#### FEDERAL DEPOSIT INSURANCE CORP. v. David M. GREENUP.

No. 88-C-0128.

Supreme Court of Louisiana.

Feb. 12, 1988.

In re Leone, Joseph Wayne — Other; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. CA-6930; Parish of Orleans, Civil District Court, Div. “E”, No. 80-2702.

Prior report: La.App., 517 So.2d 1274.

Denied. The result is correct.
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

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 Cogent, Inc. (the Company) on Form 10-Q for the quarterly period ended
June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul Kim, 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 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.

This certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.

Dated: August 9, 2010



|                                            
|--------------------------------------------
|                                            
|/s/ PAUL KIM                                
|Paul Kim                                    
|Chief Financial Officer                     
|(Principal Financial and Accounting Officer)
**Exhibit 32.1**

 

**WrittenStatement of the Chief Executive Officer and Chief Financial Officer**

 

**Pursuantto Section 906**

 

**ofthe Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)**

 

Theundersigned, the Chief Executive Officer and the Chief Financial Officer ofEmergency Medical Services Corporation, a Delaware corporation (the “Company”),each hereby certifies that, to his knowledge on the date hereof:

 

(a)          the Form 10-Qof the Company for the fiscal quarter ended March 31, 2008, filed on thedate hereof with the Securities and Exchange Commission (the “Report”), fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(b)         the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
|   | /s/ William A. Sanger   |
|--------|-------------------------|
|   | William A. Sanger       |
|   | Chief Executive Officer |
|   | May 9, 2008        |
|   |                    |
|   | /s/ Randel G. Owen      |
|   | Randel G. Owen          |
|   | Chief Financial Officer |
|   | May 9, 2008        |

 

34

----