alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.1**

 

**WRITTENSTATEMENT OF THE CHIEF EXECUTIVE OFFICER**

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

 

Solely for the purposes of complying with 18 U.S.C. 1350, I, theundersigned Chief Executive Officer of Liquidmetal Technologies, Inc. (the“Company”), hereby certifies, based on my knowledge, that the Quarterly Reporton Form 10-Q of the Company for the quarter ended March 31, 2008,(the “Report”) fully complies with the requirements of Section 13 (a) ofthe Securities Exchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| /s/ Larry E. Buffington                                  |   |
|----------------------------------------------------------|--------|
| Larry Buffington,  President and Chief Executive Officer |
| May 15, 2008                                        |

 

36

----
#### M. B. MORGAN et al., Appellants, v. Ed BLIEDEN, Trustee in Bankruptcy, etc.

No. 11477.

Circuit Court of Appeals, Eighth Circuit.

July 8, 1939.

Carl F. Jaggers and P. A. Lasley, both of Little Rock, Ark., Neill C. Marsh, Sr., of El Dorado, Ark., and Curtis E. Garner, of Memphis, Tenn., for appellants.

D. D. Panich, of Little Rock, Ark., and Arthur L. Adams, of Jonesboro, Ark., for appellee.

PER CURIAM.

Appeal dismissed as to appellants, Mrs. E. C. Morgan, S. R. Morgan and E. H. Coulter only, without costs to either party in this court, on motion of appellee, and stipulation of parties.
<partyblock><br><br><div align="center"><b><font size="+1">Right Aid Medical Supply Corp., as Assignee of Reyes, Jonnathan, Appellant,<br><br>against<br><br>State Farm Mutual Automobile Ins. Co., Respondent.</font></b></div><br><br><p>The Rybak Firm, PLLC (Joseph D. DePalma, Esq.), for appellant.Richard T. Lau &amp; Associates, (Martin Dolitsky, Esq.), for respondent.</p><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered November 12, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification. By order entered November 12, 2014, the Civil Court granted defendant's motion.</p><p>In support of its motion, defendant established that it had timely mailed its verification request and follow-up verification request (<a href="../2008/2008_04072.htm" target="_blank"><i>see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co.</i>, 50 AD3d 1123</a> [2008]). Defendant also demonstrated prima facie that it had not received the requested verification and, thus, that plaintiff's action is premature (<a href="../2005/2005_09484.htm" target="_blank"><i>see Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co.</i>, 24 AD3d 492</a> [2005]). However, in opposition to the motion, plaintiff submitted an affidavit from plaintiff's employee, which affidavit was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant (<i>see Residential Holding Corp. v Scottsdale Ins. Co.</i>, 286 <font color="FF0000">[*2]</font>AD2d 679 [2001]). In light of the foregoing, there is a triable issue of fact as to whether this action is premature (<a href="../2014/2014_24145.htm" target="_blank"><i>see Healing Health Prods., Inc. v New York Cent. Mut. Fire Ins. Co.</i>, 44 Misc 3d 59</a> [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2014]).</p><p>Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.</p><p>PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: December 22, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
================================================================================

                      Exhibit 32.2

In connection with the amended  Quarterly Report of Whistler  Investments,  Inc.
(the  "Company")  on Form 10-QSB for the  quarter  ended April 30, 2004 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Mehboob Charania, 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 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 result of
operations of the Company.

                                                            /s/ Mehboob Charania
                                                           ---------------------
                                                                Mehboob Charania
                                                         Chief Financial Officer

October 4, 2004
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 17-2108

___________________________

Jeffrey Reuter

lllllllllllllllllllll Plaintiff - Appellant

v.

John N. Borbonus; St. Louis County, Missouri; State of Missouri

lllllllllllllllllllll Defendants - Appellees

____________

Appeal from United States District Court 

for the Eastern District of Missouri - St. Louis

____________

 Submitted: January 22, 2018

 Filed: January 25, 2018

[Unpublished]

____________

Before BENTON, MURPHY, and ERICKSON, Circuit Judges.

____________

PER CURIAM.
Jeffrey Reuter appeals following the district court’s dismissal of his pro se 42 1

U.S.C. § 1983 complaint, in which he named as defendants a state court judge, St.

Louis County, Missouri, and the State of Missouri.

Upon careful review, we conclude that the dismissal was proper, as Judge

Borbonus and the State were immune from suit, and the complaint did not identify an

unconstitutional County custom or policy. See Mireles v. Waco, 502 U.S. 9, 11-12

(1991) (per curiam) (discussing absolute judicial immunity); Monroe v. Ark. State

Univ., 495 F.3d 591, 594 (8th Cir. 2007) (Eleventh Amendment bars suits for any

kind of relief against states); see also Monell v. Dep’t of Soc. Servs., 436 U.S. 658,

694 (1978) (municipal liability under § 1983 requires constitutional violation

committed pursuant to official government custom or policy). We find the district

court also properly denied Reuter’s motion to amend the complaint, and did not abuse

its discretion in denying his motions for relief under Federal Rule of Civil

Procedure 59. See Geier v. Mo. Ethics Comm’n, 715 F.3d 674, 678 (8th Cir. 2013)

(district court may deny leave to amend complaint if amendment would be futile);

United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006)

(standard of review for denial of Rule 59(e) motions).

Accordingly, we affirm the judgment. See 8th Cir. R. 47B.

______________________________

The Honorable Stephen N. Limbaugh, Jr., United States DistrictJudge for the

1

Eastern District of Missouri.

-2-
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 MM2 Group, Inc. ("the Company") on
Form 10-QSB for the period ended March 31, 2006, as filed with the Securities
and Exchange Commission on the date hereof ("the Report"), I, Mark Meller,
President, Chief Executive Officer and Principal 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, to the best of my knowledge and
belief, 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.


                                       Date: May 22, 2006

                                       By /s/ Mark Meller
                                       ----------------------------------------
                                       Mark Meller
                                       President, Chief Executive Officer and
                                       Principal Financial Officer
EXHIBIT 32.2
 CERTIFICATION
    /s/ Robert J. KristRobert J. KristChief Financial Officer
Exhibit
32.1.





SECTION
1350 CERTIFICATION





In connection with the Quarterly Report
of Huntington Preferred Capital, Inc. (the “Company”) on Form 10-Q for the
quarter ending June 30, 2010, as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Donald R. Kimble, President of
the Company, 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; and





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





/s/Donald R. KimbleDonald R. Kimble(chief executive officer)August 13, 2010
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          12,706
<SECURITIES>                                    36,845
<RECEIVABLES>                                   14,783
<ALLOWANCES>                                     1,375
<INVENTORY>                                          0
<CURRENT-ASSETS>                                78,685
<PP&E>                                          19,830
<DEPRECIATION>                                  10,999
<TOTAL-ASSETS>                                 119,593
<CURRENT-LIABILITIES>                           23,143
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           438
<OTHER-SE>                                      95,649
<TOTAL-LIABILITY-AND-EQUITY>                   119,593
<SALES>                                         61,524
<TOTAL-REVENUES>                                61,524
<CGS>                                            4,093
<TOTAL-COSTS>                                    4,093
<OTHER-EXPENSES>                                47,622
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (34,215)
<INCOME-TAX>                                     (460)
<INCOME-CONTINUING>                           (33,755)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (33,755)
<EPS-PRIMARY>                                   (0.78)
<EPS-DILUTED>                                   (0.78)


</TABLE>
Post O ffice B ox 12548, A ustin, Texas 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www.texasattor neygeneral.gov

E LIZABETH R. B. S TERLING 512.475.4152 A SSISTANT A TTORNEY G ENERAL elizabeth.sterling@texasattorneygeneral.gov November 20, 2015
Jeffrey D. Kyle Clerk, Third Court of Appeals Price Daniel Sr. Building 209 West 14th Street, Room 101 Austin, Texas 78701 RE: Court of Appeals Number: 03-15-00386-CV Trial Court Case Number: D-1-GN-09-002116 Style : Harris County Hospital D is trict v. Public Utility Commission of Texas Dear Mr. Kyle: In response to your letter dated November 4, 2015, Kellie Billings-Ray will be presenting oral argument on behalf of the Public Utility Commission of Texas in the above-styled cause on December 16, 2015 at 1:30 p.m.
Sincerely yours, /s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling Assistant Attorney General State Bar No. 19171100 Environmental Protection Division 512.463.2012 512.457.4616 (fax) elizabeth.sterling@texasattorneygeneral.gov ACCEPTED 03-15-00386-CV 7919025 THIRD COURT OF APPEALS

AUSTIN, TEXAS 11/20/2015 9:29:21 AM JEFFREY D. KYLE

CLERKM r. J e ffryKyle

N o v em b er 2 0 , 2 0 15 P age 2

P o st O ffi c e B o x 1 2 5 4 8 , A u s t i n , T e x a s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • w w w . t e x a s a t t o r n e y g e n e r a l

. g o v C erti f i cate o f

Se rvi ce I he r e b yc e r t i f

ytha to n thi s the 2 0th dayo f N o ve m b e r2 01 5, a t r ue a nd cor r ectcopy of

this l et t erw as s erved on the f ol l ow i n g coun sel el ect r on i cal l y, th ro u g h a n e le c tro n ic filin g s e rv ic e a n d b ye m a il.

HARRI S COUNTY ATTORNEY’ S OFF I CE B ruc e S

. P o w ers T e x a s B a r. N o
. 1 0 1 9 C o n g re ss , 1 5 F l. th H ous t on, T exas 77002 713. 274. 5144 713. 755. 8924 ( fax) e -m a il: bruce. pow er s @ cao. hetx. net A TTORNEYS

FOR H AR RIS C OUNTY H OSP ITAL D IS TRICT
/s/ El iz abe th R. B. Ste r l i ng El i z a b e t h R. B. St e rl i ng
June 7, 2012 

The Honorable Ray LaHood 

Secretary 

u.s. Department of Transportation 

400 th Street, SW Room 10200 

Washington, D.C. 20590 

Dear Secretary LaHood: 

Dr. Snsa.a A. May, President 

1825 N~ Blu.:rnound Dri\'C, P.O. llox 2277 · Applt:con, \Y/154912-2277 

Phone (920} 73)-5600 • Toll-rrce 1-~00-i35-FVTC !3832} 

TrY (9.:!0) 7}5-2569 • fAX (920) 735-2581. • ""w.fvtc.edu 

. . 

I am writing in support of Outagamie County Regional Airport's application for a Small Community Air 

Service Development Grant. I share the airport's goal of attracting affordable, convenient air service to 

our community, helping foster business and industry growth. 

Commercial Air Service at Outagamie County Regional Airport (ATW} is suffering after losing the United 

Airline flight to Denver during the economic downturn and Frontier Airlines having discontinued service 

to Milwaukee 'last year. These seats were critical in our market and we need to bacl<fill this toss of 

capacity. 

At Fox V.altey Technical Co/lege, a. l<ey part of our: mission is to support economic development in the 

region.· Area businesses employ many of our graduates and look to us for providi~g thei~ worl<ers with 

continuing training. We also bring in employees from all across the country for specialized training at 

our facilities in Appleton. A thriving business climate depends on easy access to convenient and costeffective air travel. In addition, we are building a comprehensive, state-of-the-art Public Safety Training 

Facility adjacent to the airport. We expect this multhd!sciplinary facility to draw training participants 

from throughout the Midwest and the nation for integrated hands-on fire, law enforcement, and EMS 

training. Convenient, affordable air access will be critical to its success as well. 

I believe transportation is critical to helping foster business and industry growth. A'fVo:/'s grant request 

offers a unique opportunity to study and prepare a business plan for a concept that has exciting 

potential to fundamentally lower airline operating costs in the market. In our view, lower Ol'Jerating 

costs for: airlines will help stabilize existing service and offer excellent opportunitie.S:tO:grow.service, 

unlike traditional revenue guarantees. 

Air service pl;3ys a pivotal role in addressing the transportation needs of our community'dnd benefits not 

only1tne.,City of Appleton and Outagamie county, but Northeast Wisconsin as a ·wMqtl .. A. key Ingredient 

in building a strong and vibrant economy is competitive air service access to the globa·l-rrrarketplace. We 

recognize the importance of quality commercial air service to the economy through improved access for 

visitors, and most importantly, to support area businesses, organizations and institutions. 

I ask that you give this grant application your most thoughtful and serious consideration. 

Sincerely, 

. Dr. Susan A. May 

President 

Cbihon W:uuom:.. 

An l!qu•l Orrorruniry ,;mplny<r lnd Fducoo1or
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE TWELVE MONTHS ENDED APRIL 30, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          APR-30-1998
<PERIOD-START>                             MAY-01-1997
<PERIOD-END>                               APR-30-1998
<CASH>                                           2,590
<SECURITIES>                                         0
<RECEIVABLES>                                   20,994
<ALLOWANCES>                                       658
<INVENTORY>                                     33,548
<CURRENT-ASSETS>                                60,935
<PP&E>                                          68,730
<DEPRECIATION>                                  56,271
<TOTAL-ASSETS>                                 143,618
<CURRENT-LIABILITIES>                           32,973
<BONDS>                                        112,682
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            36
<OTHER-SE>                                    (13,162)
<TOTAL-LIABILITY-AND-EQUITY>                   143,618
<SALES>                                        185,077
<TOTAL-REVENUES>                               185,077
<CGS>                                          148,496
<TOTAL-COSTS>                                  148,496
<OTHER-EXPENSES>                                 7,112
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,300
<INCOME-PRETAX>                                  1,302
<INCOME-TAX>                                       495
<INCOME-CONTINUING>                              1,797
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (8,023)
<CHANGES>                                            0
<NET-INCOME>                                   (6,226)
<EPS-PRIMARY>                                   (1.82)
<EPS-DILUTED>                                   (1.64)
        

</TABLE>
Map Created: March 2012

Data Source: U.S. Bureau of Economic Analysis, REIS, 2009

Per Capita Income Rates in Appalachia, 2009

(County Rates)

Per capita income is a measure of the total personal income of 

an area divided by the resident population of the area. The map 

uses natural breaks in the distribution to organize the data into 

groups of common values. 

0 50 100 

Miles 

GEORGIA 

ALABAMA 

MISSISSIPPI 

SOUTH 

CAROLINA 

NORTH CAROLINA 

VIRGINIA 

WEST 

VIRGINIA 

KENTUCKY 

OHIO ILLINOIS INDIANA 

WISCONSIN 

MICHIGAN 

DE 

NJ PENNSYLVANIA 

MARYLAND 

NEW YORK 

TENNESSEE

$15,506 - $25,545

$25,546 - $29,476

$29,477 - $34,662

$34,663 - $46,427

Per Capita Income 

U.S. average = $39,635

Appalachian average = $32,426

(Natural Breaks Classification)
* 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. 07-41060

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

DERRICK DEWAYNE JARVIS

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:07-CR-54-ALL

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Derrick Dewayne

Jarvis has moved for leave to withdraw and has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967). Jarvis has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

August 20, 2008

Charles R. Fulbruge III

Clerk
```

[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Page H6073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      ANNOUNCEMENT BY THE SPEAKER

  The SPEAKER. The Chair will entertain up to 15 requests for 1-minute 
speeches on each side.

                          ____________________
```
Form of Specimen Preferred Stock Certificate



 Exhibit 4.5 

 

									
	 	 	**PD-    **	  	 Incorporated Under
 the Laws of the State of Delaware
 on
April 14, 1997
	  	**                    **	  	 

 ARENA PHARMACEUTICALS, INC. 

Series D Convertible Preferred Stock, Par Value $0.0001 
 THIS CERTIFIES THAT
                     is the record holder of
                     (                ) Shares of the Series D
Convertible Preferred Stock, par value $0.0001, of ARENA PHARMACEUTICALS, INC. (the “Corporation”) transferable only on the books of the Corporation by the holder hereof, in
person or by duly authorized attorney, upon surrender of this Certificate properly endorsed or assigned. 
 A statement of the rights,
preferences, privileges and restrictions granted to or imposed upon the respective classes or series of shares of stock of the Corporation and upon holders thereof as established by the Certificate of Incorporation or by any Certificate of
Designation of Preferences, and the number of shares constituting each series and the designations thereof, may be obtained by any stockholder upon request and without charge at the principal office of the Corporation. 

IN WITNESS WHEREOF, the Corporation has caused this Certificate to be signed by its
duly authorized officers this      day of                     , 2012. 

 

					
	  
	  	  	  	  

	Senior Vice President, General Counsel and Secretary	  		  	President and Chief Executive Officer