alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 31.2

CERTIFICATION WITH RESPECT TO ANNUAL REPORT OF

LANDRYS RESTAURANTS, INC.

I, Rick H. Liem, certify that:



|1. | I have reviewed this annual report on Form 10-K/A of Landrys Restaurants, Inc.; and
|-- | ------------------------------------------------------------------------------------



|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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: April 29, 2010



/s/ Rick H. LiemRick H. Liem Executive Vice
President and Chief Financial Officer and Director
#### Patrick J. Neville et al., Appellants, v Raymond J. Deters et al., Respondents and Third-Party Plaintiffs. Pine Sign Co., Inc., Third-Party Defendant-Respondent.

— Order unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff sustained injuries when a ladder which he was climbing kicked out, throwing him to the ground. At the time of the accident, plaintiff was engaged in replacing a sign which was affixed to a building owned by defendants Deters and Skuller, part of which was leased to defendant Slipko. Plaintiff commenced an action seeking to recover damages for his injuries, alleging, *inter alia,*a claim pursuant to section 240 (1) of the Labor Law.

Supreme Court erred by denying plaintiff’s motion for partial summary judgment on this claim. Plaintiff was engaged in an activity entitling him to the protection of the statute *(see, Izrailev v Ficarra Furniture,*70 NY2d 813, 815). Moreover, it is undisputed that plaintiff fell from an elevated worksite *(see, Staples v Town of Amherst,*146 AD2d 292).

Defendants argue that a question of fact exists concerning their liability under the statute because plaintiff had brought with him to the site other ladders as well as a truck with a boom, but did not use them. We disagree. It is well settled that the mere presence of safety devices at the worksite does not diminish defendant’s liability *(see, Zimmer v Chemung County Performing Arts,*65 NY2d 513, *rearg denied*65 NY2d 1054; *Arbusto v Fordham Univ.,*160 AD2d 191; *Heath v Soloff Constr.,*107 AD2d 507, 510). In *Heath (supra,*at 512), this Court held that "an owner and contractor do not fulfil their statutory obligation and thereby escape the imposition of absolute liability merely by demonstrating that there was present somewhere at a job site a ladder which might have been used by a worker for the safer performance of his assigned work.”

Supreme Court’s reliance upon this Court’s holding in *Smith v Hooker Chems. & Plastics Corp.*(89 AD2d 361, *appeal dismissed*58 NY2d 824) is misplaced. That case involved a situation where the owner or contractor provided adequate safety devices, but the worker refused to use them. In that limited circumstance, this Court refused to impose upon the owner or contractor a continuing duty of supervision to "insist that a recalcitrant worker use the devices” and summary judgment was denied *(Smith v Hooker Chems. & Plastics*
      *598
      *Corp., supra,*at 365; *see also, Heath v Soloff Constr., supra,*at 510). Here, defendants did not provide any safety devices at all, so the *Smith*holding does not apply. (Appeal from Order of Supreme Court, Erie County, Sedita, J. — Summary Judgment.) Present — Doerr, J. P., Green, Pine, Lawton and Davis, JJ.
<Page>

                                                            Exhibit 10.16

          Confidential Materials omitted and filed separately with the
         Securities and Exchange Commission. Asterisks denote omissions.

February 1, 2005

Dennis P. Bauer, Ph.D.
Siegfried (USA), Inc.
33 Industrial Park Road
Pennsville, NJ 08070

Dear Dennis:

Reference is made to the Development and Production Agreement for Active
Pharmaceutical Ingredient between Siegfried (USA), Inc. and Siegfried Ltd.
("SIEGFRIED") and Momenta Pharmaceuticals, Inc. ("MOMENTA") dated October 10,
2003, as amended or supplemented by Letter Agreement dated February 14, 2004,
May 17, 2004, September 29, 2004 and January 26, 2005 (the "Agreement").
Capitalized terms used herein and not otherwise defined shall have the meanings
given such terms in the Agreement.

Pursuant to the Letter Agreement dated September 29, 2004, MOMENTA engaged
SIEGFRIED to undertake the CONTINUING DEVELOPMENT WORK on a time and materials
basis for work authorized by MOMENTA. MOMENTA and SIEGFRIED hereby agree that
for all CONTINUING DEVELOPMENT WORK performed on or after December 1, 2004,
SIEGFRIED shall invoice MOMENTA for the number of FTEs (full-time equivalent
person years) actually devoted to CONTINUING DEVELOPMENT WORK at an annual rate
equal to [**] Dollars ($[**]) per FTE. All other terms and conditions of the
Agreement shall remain in full force and effect, including, without limitation,
SIEGFRIED's obligation to invoice MOMENTA monthly for CONTINUING DEVELOPMENT
WORK and SIEGFRIED's obligation to provide MOMENTA with a detailed accounting
for the month of the CONTINUING DEVELOPMENT WORK.

<Page>

Dennis P. Bauer, Ph.D.
February 1, 2005
Page 2 of 2

If the foregoing is in conformity with your understanding, please execute both
copies of this Letter Agreement and return one fully-executed copy to me.

                                     Very truly yours,

                                     /s/ John E. Bishop
                                     John E. Bishop
                                     Vice President, Pharmaceutical Services &
                                     Manufacturing

Agreed and accepted:

SIEGFRIED (USA), INC.

By:  [illegible]
   -----------------------

SIEGFRIED LTD.

By:  /s/ Dennis P. Bauer
   -----------------------
*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.

United States Court of Appeals

Fifth Circuit

FILED

May 15, 2007

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40111

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

ALFONSO ROCHA-GAYTAN

Defendant-Appellant. 

Appeal from the United States District Court

for the Southern District of Texas

(2:05-CR-594-ALL)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

This court previously affirmed the conviction and sentence of

appellant, Alfonso Rocha-Gaytan. United States v. Rocha-Gaytan, 202

F. App’x 827 (5th Cir. 2006). On March 30, 2007, the Supreme Court

vacated our judgment in this case and remanded the case to this

court for further consideration in light of Lopez v. Gonzales, 127

S.Ct. 625 (2006).
Following the Supreme Court’s remand we received supplemental

letter briefs from both parties with respect to the impact of

Lopez. The government concedes, and we agree that, under Lopez, the

district court erred in imposing an eight-level enhancement for

Appellant’s prior controlled substance conviction. In light of this

error, the issue on appeal is whether we should vacate the sentence

and remand for resentencing or whether the appeal is now moot.

The parties agree that Rocha-Gaytan has completed the

confinement portion of his sentence and has apparently been

deported from the United States, although he remains subject to the

terms of his supervised release. This Court recently found a

similar case moot when the appellant had already been released from

prison and deported. See United States v. Rosenbaum-Alanis, __ F.3d

__, No. 05-41400, 2007 WL 926832 (5th Cir. Mar. 29, 2007). Because

the defendant in Rosenbaum-Alanis was barred from entering the

United States, and therefore could not be resentenced, the Court

could not grant the relief requested. Id. at *2.

We find Rosenbaum-Alanis controlling, and because Rocha-Gaytan

is barred from entering the United States, we cannot grant his

request to be resentenced. Rocha-Gaytan recognizes this precedent

and wishes to preserve the issue for further review.

The appeal is moot and therefore DISMISSED.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4440 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4440

 To require the Secretary of Energy to retain and redistribute certain 
                      amounts collected as fines.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2017

  Mrs. Lowey introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
 To require the Secretary of Energy to retain and redistribute certain 
                      amounts collected as fines.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Redistribution of Fines to Our 
Communities Act''.

SEC. 2. USE OF FUNDS.

    The Secretary of Energy shall retain amounts collected for safety-
related fines pursuant to section 234A of the Atomic Energy Act of 1954 
(42 U.S.C. 2282a), and shall distribute the portion of those amounts 
that the Secretary determines appropriate to local governments to 
mitigate any economic impacts in connection with the closure of the 
nuclear facility with respect to which the fines were collected.
                                 <all>
```
Exhibit 32





CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)



The undersigned, as the Chief Executive Officer and Chief Financial Officer of TransCommunity Financial Corporation, respectively, certify that, to the best of each such individuals knowledge and belief, the Quarterly Report on Form 10-Q of TransCommunity Financial Corporation for the period ended September 30, 2007, fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of TransCommunity Financial Corporation at the dates and for the periods indicated.  The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any other purpose.  The undersigned expressly disclaim any obligation to update the foregoing certification except as required by law.



|                       |                                     | 
|---------------------- | ----------------------------------- | 
|Date:
November 2, 2007 | /s/  Bruce B. Nolte                 | 
|                       | Bruce B. Nolte                      | 
|                       | President & Chief Executive Officer | 
|                       |                                     | 
|                       | /s/  Patrick J. Tewell              | 
|                       | Patrick J. Tewell                   | 
|                       | Chief Financial Officer             |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED STATEMENTS OF OPERATIONS AND UNAUDITED CONSOLIDATED
BALANCE SHEETS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH UNAUDITED
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             FEB-01-1997
<PERIOD-END>                               JUL-31-1997
<CASH>                                           1,482
<SECURITIES>                                         0
<RECEIVABLES>                                   36,644
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                           8,173
<DEPRECIATION>                                   2,328
<TOTAL-ASSETS>                                 189,585
<CURRENT-LIABILITIES>                                0
<BONDS>                                         13,954
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      5,396
<COMMON>                                             5
<OTHER-SE>                                       6,420
<TOTAL-LIABILITY-AND-EQUITY>                   189,585
<SALES>                                              0
<TOTAL-REVENUES>                                40,397
<CGS>                                                0
<TOTAL-COSTS>                                   38,388
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,367
<INCOME-PRETAX>                                  2,009
<INCOME-TAX>                                       680
<INCOME-CONTINUING>                              1,329
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,329
<EPS-PRIMARY>                                     2.14
<EPS-DILUTED>                                     2.14
        

</TABLE>
#### In the Matter of Linda Dobson, Petitioner, v Cesar Perales, as Commissioner of the New York State Department of Social Services, et al., Respondents.

— Determination unanimously annulled on the law without costs and petition granted, in accordance with the following Memorandum: Petitioner’s proof established that, in order for her to participate in therapy or training, go to her gynecologist, attend community or social affairs, or visit her family, she needed a lightweight customized wheelchair. The record shows that the powered wheelchair she owned could not be used for those purposes and that using a standard manual wheelchair aggravated her medical condition. Her therapist, caseworker and doctor indicated that the use of a standard manual wheelchair caused petitioner to have pressure sores and back pains, aggravated her hiatal hernia, and predisposed her to the dislocation of joints. Petitioner was also required to use a manual wheelchair during the almost monthly repair or maintenance to her powered wheelchair. Because respondent Perales did not offer any contrary proof, the determination that a customized wheelchair was not "medically necessary” to prevent, correct, or cure petitioner’s condition *(see,*Social Services Law § 365-a) was not supported by substantial evidence *(cf, Matter of Coffey v D’Elia,*61 NY2d 645). We therefore annul the respondent’s determination and grant the petition. (Article 78 Proceeding Transferred by Order of Supreme Court, Erie County, Fudeman, J.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.
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

In
connection with the quarterly report of SIN Holdings, Inc. (the
Company), on Form 10-QSB for the quarter ended March 31, 2003, (the
Report), I, Steve S. Sinohui, Chief Executive Officer and 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:

1)
the Report fully complies with the requirement 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 Companys financial position and results of operations.

Date:
April 22, 2003

| | /s/ Steve S. Sinohui
Steve S. SinohuiPresident
| | ----------------------------------------------
# C_2010113EN.01007803.xml

| 1.5.2010 | EN | Official Journal of the European Union | C 113/78 |
| --- | --- | --- | --- |

1.5.2010

EN

Official Journal of the European Union

C 113/78

---

Order of the General Court of 4 March 2010 — Commission v Domótica

(Case T-552/08) (1)

1

2010/C 113/114

Language of the case: Portuguese

Language of the case: Portuguese

The President of the First Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 55, 7.3.2009.

1

---
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[Extensions of Remarks]
[Pages E1452-E1453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONGRATULATORY REMARKS FOR OBTAINING THE RANK OF EAGLE SCOUT--MITCHELL 
                                 KOEBKE

                                 ______
                                 

                            HON. SANDY ADAMS

                               of florida

                    in the house of representatives

                       Monday, September 10, 2012

  Mrs. ADAMS. Mr. Speaker, I would like to congratulate Mitchell Koebke 
for achieving the rank of Eagle Scout.
  Throughout the history of the Boy Scouts of America, the rank of 
Eagle Scout has only been attained through dedication to concepts such 
as honor, duty, country and charity. By applying these concepts to 
daily life, Mitchell has proven his true and complete understanding of 
their meanings, and thereby deserves this honor.
  I offer my congratulations on a job well done and best wishes for the 
future.

[[Page E1453]]

                          ____________________
```
##### 



Exhibit 31.3 CERTIFICATION BY TREASURER
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Paul H. Askegaard, Treasurer of Aetrium Incorporated, certify that: 1. I have reviewed this annual report on Form 10-K of Aetrium Incorporated; 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 registrant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 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, including its
consolidated subsidiaries, 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 quarter (the registrants fourth fiscal quarter in the case of this
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial
reporting; and 5. The registrants other certifying officers and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrants auditors and the audit committee of registrants board of
directors (or persons performing the equivalent function): (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 management or other
employees who have a significant role in the registrants internal control
over financial reporting. Date: March 30, 2004
    
    
    
    /s/ Paul H. AskegaardBy:
    
    Paul H. AskegaardTitle:
    
    Treasurer (principal financial and accounting officer)
#### In the Matter of Falisha B., a Person Alleged to be a Juvenile Delinquent.

— Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Petitioner presentment agency concedes that it failed to fulfill its discovery obligations to respondent *(see,*Family Ct Act § 331.4; *People v Rosario,*9 NY2d 286, *rearg denied*9 NY2d 908, *cert denied*368 US 866, *rearg denied*14 NY2d 876, 15 NY2d 765). Furthermore, petitioner has determined that "on the particular facts of this case, a retrial would not serve the ends of justice”, and thus, consents to dismissal of its petition. (Appeal from Order of Queens County Family Court, De Phillips, J.— Juvenile Delinquency.) Present — Callahan, J. P., Denman, Green, Balio and Davis, JJ.
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We have issued our report dated October 22, 1999,  accompanying the consolidated
financial  statements  included  in the  Annual  Report  of  First  Independence
Corporation and Subsidiary on Form 10-KSB for the year ended September 30, 1999.
We hereby  consent  to the  incorporation  by  reference  of said  report in the
Registration  Statement of First Independence  Corporation on Form S-8 (File No.
33-58095, effective March 13, 1995 and File No. 33-75404, effective February 16,
1994).

GRANT THORNTON LLP

/s/ Grant Thornton LLP

Wichita, Kansas
December 29, 1999
EXHIBIT 32


                               1350 CERTIFICATION

     Pursuant  to  Section  906  of  the  Public  Company  Accounting Reform and
Investor  Protection  Act of 2002 (18 U.S.C.   1350, as adopted), Mark E. Jones,
III,  the  Chief  Executive  Officer (and principal financial officer) of Jaguar
Resources  Corporation (the "Company") hereby certifies that, to the best of his
knowledge:

     The  Company's  Annual Report on Form 10-K for the period ended January 31,
2004,  to  which  this  Certification  is  attached as Exhibit 32 (the "Periodic
Report"), fully complies with the requirements of Section 13(a) or Section 15(d)
of  the  Securities  Exchange  Act  of  1934,  as  amended;  and the information
contained  in the Periodic Report fairly presents, in all material respects, the
financial  condition  of  the  Company  at  the end of the period covered by the
Periodic  Report and results of operations of the Company for the period covered
by  the  Periodic  Report



                     Dated:  April 30, 2004               /s/ Mark E. Jones, III
                                                          ----------------------
                                                              Mark E. Jones, III
                       Chief Executive Officer (and principal financial officer)