alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ford S. HAUSMAN, Orange County Property Appraiser, Appellant, v. FIRST BAPTIST CHURCH OF PINE HILLS, INC., Appellee.

No. 86-1427.

District Court of Appeal of Florida, Fifth District.

Oct. 8, 1987.

*768Steven R. Betchel, Orlando, and Law Offices of Gaylord A. Wood, Jr., Ft. Lauder-dale, for appellant.

Daniel John Loomis of Gibbs & Craze Co., L.P.A., Cleveland, Ohio and Richard H. Langley, Claremont, for appellee.

PER CURIAM.

This case involves the entitlement of a church to religious exemption from the taxes on an unimproved tract of land.

The Property Appraisal Adjustment Board granted an exemption, appellant county property appraiser filed suit, suffered an adverse summary judgment and appeals. We affirm.

The county property appraiser contends that because the land in question is vacant and unimproved and is not continuously used by the church, a religious exemption was improper. At the hearing on the church’s motion for summary judgment, the evidence was undisputed that while, as the county property appraiser claims, the land was substantially vacant and unimproved and was not used by the church continuously, nevertheless, the land was being actually and presently used by the church for religious purposes sporadically and improvements and greater physical use were planned. The church’s present religious use of the property, while not evidenced by improvements and not continuous, was exclusive of any other use and was not incidental to any nonexempt use. Accordingly, the trial court correctly entered summary judgment. *See Lummus v. Miami Beach Congregational Church,*142 Fla. 657, 195 So. 607 (Fla.1940); *Grady v. Hausman,*509 So.2d 1316 (Fla. 5th DCA 1987).

AFFIRMED.

UPCHURCH, C.J., and ORFINGER and COWART, JJ., concur.
No. 99-10686

-1-

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-10686 

Conference Calendar

 

RACHEL LEE BROWN,

Plaintiff-Appellant,

versus

MOLLY FRANCIS, Honorable,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:99-CV-521-L

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

February 17, 2000

Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Rachel Lee Brown, Texas prisoner # 511017, appeals the

district court’s dismissal of her 42 U.S.C. § 1983 action as

frivolous pursuant to 28 U.S.C. § 1915A(b)(1) and (2) and 28

U.S.C. § 1915(e)(2)(B)(i) and (ii).

Judicial officers such as Judge Francis are entitled to

absolute immunity from damage claims under § 1983 arising out of

acts performed in the exercise of their judicial functions. 

Graves v. Hampton, 1 F.3d 315, 317 (5th Cir. 1993). Brown argues

only that Judge Francis’ actions were improper. Brown’s
No. 99-10686

-2-

arguments do not show that the district court abused its

discretion in dismissing her action for damages against Judge

Francis as frivolous. See Siglar v. Hightower, 112 F.3d 191, 193

(5th Cir. 1997). We hold that Brown’s appeal is without arguable

merit and is frivolous. See Howard v. King, 707 F.2d 215, 219-20

(5th Cir. 1983). Because the appeal is frivolous, it is

DISMISSED. See 5th Cir. R. 42.2.

Brown is hereby informed that the dismissal of this appeal

as frivolous counts as a strike for purposes of 28 U.S.C.

§ 1915(g), in addition to the strike for the district court’s

dismissal. See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir.

1996) (“[D]ismissals as frivolous in the district courts or the

court of appeals count [as strikes] for the purposes of

[§ 1915(g)]”.). We caution Brown that once she accumulates three

strikes, she may not proceed IFP in any civil action or appeal

filed while she is incarcerated or detained in any facility

unless she is under imminent danger of serious physical injury. 

See 28 U.S.C. § 1915(g).

APPEAL DISMISSED AS FRIVOLOUS.
**EXHIBIT 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

**PURSUANT TO**

 

**18 U.S.C. SECTION 1350,**

 

**AS ADOPTED PURSUANT TO**

 

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Constantin Jitaru, Chief Executive Officer of Asconi Corporation (the “Company”), certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of the Company on Form 10-KSB for the year ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), fully complies withthe requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
III

106TH CONGRESS

2D SESSION S. RES. 366

Expressing the Sense of the Senate on the certification of Mexico.

IN THE SENATE OF THE UNITED STATES

OCTOBER 4 (legislative day, SEPTEMBER 22), 2000

Mrs. HUTCHISON (for herself, Mr. GRASSLEY, Mr. GRAMM, Mr. KYL, Mr.

DOMENICI, Mr. DODD, Mrs. FEINSTEIN, Mr. HOLLINGS, and Mr. SESSIONS) submitted the following resolution; which was referred to the Committee on Foreign Relations

RESOLUTION

Expressing the Sense of the Senate on the certification of

Mexico.

Whereas Mexico will inaugurate a new government on 1 December 2000 that will be the first change of authority

from one party to another;

Whereas the 2nd July election of Vincente Fox Quesada of

the Alliance for Change marks an historic transition of

power in open and fair elections;

Whereas Mexico and the United States share a 2,000-mile

border, Mexico is the United States’ second largest trading partner, and the two countries share historic and cultural ties;
2

SRES 366 IS

Whereas drug production and trafficking are a threat to the

national interests and the well-being of the citizens of

both countries; and

Whereas United States-Mexican cooperation on drugs is a

cornerstone for policy for both countries in developing effective programs to stop drug use, drug production, and

drug trafficking: Now, therefore, be it

1 Resolved, That (a) the Senate, on behalf of the people

2 of the United States—

3 (1) welcomes the constitutional transition of

4 power in Mexico;

5 (2) congratulates the people of Mexico and their

6 elected representatives for this historic change; and

7 (3) expresses its intent to continue to work co8 operatively with Mexican authorities to promote

9 broad and effective efforts for the health and welfare

10 of United States and Mexican citizens endangered

11 by international drug trafficking, use, and produc12 tion.

13 (b) SENSE OF THE SENATE.—It is the sense of the

14 Senate that the incoming new governments in both Mexico

15 and the United States must develop and implement a

16 counterdrug program that more effectively addresses the

17 official corruption, the increase in drug traffic, and the

18 lawlessness that has resulted from illegal drug trafficking,

19 and that a one-year waiver of the requirement that the
3

SRES 366 IS

1 President certify Mexico is warranted to permit both new

2 governments time to do so.

Æ
**CERTIFICATION OF THE CHIEF FINANCIAL OFFICER**     Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of Xenonics Holdings, Inc (the “Company”) hereby certifies that, to hisknowledge:     (i) The Quarterly Report on Form 10-QSB of the Company for the quarter ended June 30,2008 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d),as applicable, of the Securities Exchange Act of 1934, as amended; and     (ii) The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.        Dated:  August 12, 2008 /s/ Richard S. Kay   Richard S. Kay   Chief Financial Officer
Exhibit 31.1

CERTIFICATION PURSUANT TO
SECTION 302(a) OF THE SARBANES-OXLEY ACT OF 2002

I, Samuel Masucci, III, certify that:

1.

I have reviewed this Quarterly Report on Form 10-Q of the MacroShares $100 Oil Down Trust;

2.

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

3.

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

4.

The other certifying officer(s) 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 registrant and have:

a.

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b.

Evaluated the effectiveness of the registrant'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 the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal period (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5.

The other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors, the board of managers of  MACRO  Securities Depositor, LLC, and the audit committee of MacroMarkets LLC (or persons performing the equivalent functions):

a.

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

b.

Any fraud, whether or not material, that involves persons who have a significant role in the registrant's internal control over financial reporting.

Date: August 14, 2008

| |     |                                                                                  
| | --- | ---------------------------------------------------------------------------------
| | By: | /s/ Samuel Masucci, III                                                          
| |     | Samuel Masucci, III
Chief Executive Officer of Depositor, on behalf of Registrant
III

106TH CONGRESS

2D SESSION S. RES. 392

Tendering the thanks of the Senate to the Senate staff for the courteous,

dignified, and impartial manner in which they have assisted the deliberations of the Senate.

IN THE SENATE OF THE UNITED STATES

DECEMBER 15 (legislative day, SEPTEMBER 22), 2000

Mr. LOTT (for himself, Mr. DASCHLE, Mr. NICKLES, and Mr. REID)

submitted the following resolution; which was considered and agreed to

RESOLUTION

Tendering the thanks of the Senate to the Senate staff

for the courteous, dignified, and impartial manner in

which they have assisted the deliberations of the Senate.

1 Resolved, That the thanks of the Senate are hereby

2 tendered to the Secretary of the Senate, the Sergeant at

3 Arms of the Senate, the Secretary for the Majority, the

4 Secretary for the Minority, and the floor staff of the two

5 parties for the courteous, dignified, and impartial manner

6 in which they have assisted the deliberations of the Senate

7 during the second session of the One Hundred Sixth Con8 gress.

Æ
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2435 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2435

   To suspend temporarily the duty on microcrystalline anatase-type 
                           titanium dioxide.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

 Mr. Brownback introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on microcrystalline anatase-type 
                           titanium dioxide.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MICROCRYSTALLINE ANATASE-TYPE TITANIUM DIOXIDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       Microcrystalline    Free         No change        No change        On or before 12/ ''.
                          anatase-type                                                       31/2011.......
                          titanium dioxide,
                          surface treated
                          with aluminum,
                          silicon,
                          phosphorous and
                          manganese (CAS
                          No. 13463-37-7)
                          (provided for in
                          subheading
                          3206.11.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
**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 for the three months period
      ended March 31, 2007 of the Claymore MACROshares Oil Up Holding Trust (the " **Registrant** " ),
      as
      filed with the Securities and Exchange Commission on the date hereof (the " **Quarterly
      Report** " ),
      I,
      Samuel Masucci, III, principal executive officer of MACRO Securities Depositor,
      LLC, which acts as the depositor for the Registrant (the " **Depositor** " ),
      certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
      Sarbanes-Oxley Act of 2002, that:




1.
            The
                Quarterly 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 Quarterly Report fairly represents,
                in all
                material respects, the financial condition and result of operations
                of the
                Registrant.









Date:
      May
      15, 2007




/s/
      Samuel Masucci, III


Samuel
      Masucci, III


On
      behalf
      of the Registrant


and
      as
      Chief Executive Officer
exv10w11



 






Exhibit 10.11




[COMPANY
LETTERHEAD]




________________, 2005




________________

________________

________________



Dear ____________:




     Reference is made to that certain Change of Control Benefits Agreement (the “Change of Control
Agreement”), dated as of ____________, by and between you and SanDisk Corporation, a Delaware
corporation (the “Company”). This letter sets forth our agreement to amend the Change of Control
Agreement as described below.



     Section 3 of the Change of Control Agreement is hereby amended and restated, effective
immediately, to read in its entirety as follows:




	 	 	      “3.
    EQUITY AWARDS. Upon the occurrence of a Change
of Control, for purposes of the Executive’s vesting in any stock
option or other stock award granted by the Company to the Executive
that is outstanding at that time (each, an “Outstanding
Award”), the Executive shall be deemed to have completed one
additional year of vesting service as of such Change of Control date.
Any portion of an Outstanding Award that vests as a result of such
additional year of vesting service shall be deemed to be vested as of
the Change of Control date. Any
portion of such Outstanding Award that has not vested after giving
effect to the foregoing sentence shall continue to vest in accordance
with the terms of the applicable award agreement but subject to the
Executive’s additional year of deemed vested service. (For
example, if a Change of Control occurred on October 1, 2005 and
an Outstanding Award were scheduled to vest in three equal installments on
January 1, 2006, January 1, 2007 and January 1, 2008,
the January 1, 2006 installment would vest as of the date of the
Change of Control as a result of the deemed extra year of vesting
service, and the remaining two installments would, after giving
effect to the additional year of vesting service, be deemed to vest
on January 1, 2006 and January 1, 2007.)”





 









 










     Please acknowledge your agreement with the foregoing by signing the enclosed copy of this
letter agreement where indicated below and returning the executed copy to the Company.



	 	 	 	 	 
	 	Sincerely,





SanDisk Corporation,

a Delaware corporation

 	 
	 	By:  	
 	 
	 	 	Name:  	_____________________ 	 
	 	 	Its:  ________________ 	 
	 



Acknowledged
and Agreed:

[Name]

By:

          ________________________________________

          [Name]
**EXHIBIT 32**

**CERTIFICATION**

Each of theundersigned officers of NeuroMetrix, Inc. (the “Company”) hereby certifiesto his knowledge that the Company’s quarterly report on Form 10-Q to whichthis certification is attached (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.
| Date: May 9, 2007 | /s/ Shai N. Gozani, M.D., Ph.D.       |
|------------------------|---------------------------------------|
|                   | Shai N. Gozani, M.D., Ph.D.           |
|                   | Chief Executive Officer and President |
|                   |                                  |
|                   |                                  |
|                   | /s/ W. Bradford Smith                 |
|                   | W. Bradford Smith                     |
|                   | Chief Financial Officer               |

 

This certification isbeing furnished and not filed, and shall not be incorporated into any documentfor any purpose, under the Securities Exchange Act of 1934 or the SecuritiesAct of 1933.

----
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 this quarterly report on Form 10-Q of Atlantic Broadband Finance, LLC (the Company) for the
quarter ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David J. Keefe, 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:



|(i) | The Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------



|(ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Atlantic Broadband Finance, LLC.
|---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 10, 2007



/s/ David J. KeefeDavid J. KeefeChief Executive Officer and Director(Principal Executive Officer)


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not
being filed as part of this Report.
**Exhibit      32.1**

**C2      GLOBAL TECHNOLOGIES INC.**

**OFFICER’S      CERTIFICATION**

**PURSUANT      TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18      U.S.C. 1350)**

|   | 1. | The                Report is in full compliance with reporting requirements of Section                13(a)                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 operation of the                Corporation. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                Allan C. Silber                                              |
|--------|---------------------------------------------------------------------------------|
|   | Allan                Silber                                                     |
|   | Chairman                of the Board and Chief Executive                Officer |

----
**Exhibit 32.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER**

**PURSUANTTO 18 U.S.C. SECTION 1350**

 

I, Scott M. Colosi,Chief Financial Officer of Texas Roadhouse, Inc. (the “Company”), certify,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,that:

 

(1)    The Quarterly Report on Form 10-Q of the Company for the quarterly periodended September 23, 2008 (the “Report”) fully complies with therequirements of Section 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934; and

 

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

 
| Date: October 31,  2008 | By:    | /s/  SCOTT M.  COLOSI |
|------------------------------|--------|---------------------------------|
|                         |   |                            |
|                         |   | Scott M. Colosi            |
|                         |   | Chief Financial Officer         |

 

1

----