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

104TH CONGRESS

1ST SESSION S. 213

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise

trade for the vessel ENDEAVOUR.

IN THE SENATE OF THE UNITED STATES

JANUARY 12 (legislative day, JANUARY 10), 1995

Mr. KERRY (for himself and Mr. KENNEDY) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel

ENDEAVOUR.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That notwithstanding sections 12106, 12107, and 12108

4 of title 46, United States Code, and section 27 of the Mer5 chant Marine Act, 1920 (46 App. U.S.C. 883), as applica6 ble on the date of enactment of this Act, the Secretary

7 of Transportation may issue a certificate of documentation

8 with appropriate endorsement for employment in the
2

•S 213 IS

1 coastwise trade for the vessel ENDEAVOUR (United

2 States official number 947869).

Æ
Exhibit 21

                                  Subsidiaries

ProCath Corporation d/b/a EP MedSystems
575 Route 73 North
Building D
West Berlin, New Jersey, 08091
State of Incorporation: New Jersey
Business Name:          ProCath Corporation

EP MedSystems UK Ltd.
100 Stierli Court, Suite 107
Mount Arlington, New Jersey 07856
State of Incorporation: New Jersey
Business Name:          EP MedSystems, Europe Ltd.

EP MedSystems France S.A.R.L.
12, Avenue du Quebec, Batiment H
Entree 9, SILIC 633
Courtaboeuf Cedex, 91965, France
EXHIBIT 2.10
 James Hardie  Form of 364-day Facility Agreement
  To: (Financier) #1#
 Date: March 2008
 Extension Request  James Hardie  364-day Facility Agreement dated #2# June 2005 between James
Hardies International Finance BV (Borrower and
Obligors Agent) and #1# (Financier) (Facility
Agreement)
     [Name of person]being an
Authorised Officer of
    
    
    
    [Name of person]being an
Authorised Officer of
 James Hardie International Finance BV
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

I AND U, INC., a California Corporation, 

Plaintiff-Appellant,

 v.

PUBLISHERS SOLUTIONS 

INTERNATIONAL, 

Defendant-Appellee.

No. 14-56473

D.C. No.

2:13-cv-00018-GAF-AJW

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Gary A. Feess, District Judge, Presiding

Argued and Submitted June 8, 2016

Pasadena, California

Before: KOZINSKI, GOULD, and HURWITZ, Circuit Judges.

I and U, Inc. (“I&U”) appeals a district court order granting a special motion 

to dismiss filed by Publishers Solutions International (“PSI”) under the California 

anti-SLAPP statute, Cal. Civ. Proc. Code § 425.16, to strike I&U’s trade libel claim. 

 

* This disposition is not appropriate for publication and is not precedent except 

as provided by Ninth Circuit Rule 36-3.

FILED

JUN 17 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 

We have jurisdiction under 28 U.S.C. § 1291, see Mindys Cosmetics, Inc. v. Dakar, 

611 F.3d 590, 595 (9th Cir. 2010), and affirm.

1. After an investigation revealed what PSI believed to be the submission 

of fraudulent subscriptions by I&U to PSI’s publisher clients, PSI sent I&U a letter 

demanding, on the clients’ behalf, that I&U pay $100,000 to resolve the issue. 

“Ordinarily, a demand letter sent in anticipation of litigation is a legitimate speech 

or petitioning activity that is protected under section 425.16.” Malin v. Singer, 159 

Cal. Rptr. 3d 292, 299 (Ct. App. 2013). PSI’s demand included a reservation of the 

publishers’ legal rights, indicating that potential litigation was more than “a mere 

possibility” and was “contemplated in good faith and under serious consideration.” 

Rohde v. Wolf, 64 Cal. Rptr. 3d 348, 354 (Ct. App. 2007) (quoting Edwards v. Centex 

Real Estate Corp., 61 Cal. Rptr. 2d 518, 528 (Ct. App. 1997)). PSI’s 

communications were therefore protected under the anti-SLAPP statute as prelitigation petitioning activity. Cabral v. Martin, 99 Cal. Rptr. 3d 394, 404 (Ct. App. 

2009).

2. California’s litigation privilege, Cal. Civ. Code § 47(b), “is not limited 

to statements made during a trial or other proceedings, but may extend to steps taken 

prior thereto.” Rusheen v. Cohen, 128 P.3d 713, 719 (Cal. 2006). We conclude 

that PSI’s demand letter was protected under the privilege. See Briggs v. Eden 

Council for Hope & Opportunity, 969 P.2d 564, 569 (Cal. 1999). Thus, I&U cannot 
 3 

establish a likelihood of prevailing on the merits of its trade libel claim, which is 

premised on PSI’s investigation of the publishers’ claims and the statements in the 

demand letter. 

AFFIRMED.
The Honorable Anthony Foxx Secretary ofTransportation U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Docket No. DOT-OST-2015-0082 The Honorable Penny S. Pritzker Secretary of Commerce U.S. Department of Commerce 1401 Constitution Avenue, NW Washington, DC 20230 Docket No. DOC-2015-0001 The Honorable John F. Kerry Secretary of State U.S. Department of State 2201 C

### Street, NW Washington, DC 20520 Docket No. DOS-2015-0016 Dear Secretaries Pritzker, Foxx, and Kerry: I am writing on behalfofthe Block Island Tourism Council asking that you preserve airline competition in our skies and encourage, rather than stymie, international airline access to America through Open Skies. Travel and tourism is a key driver in the U.S. economy, supporting 15 million jobs alone in 2014

- and it especially matters for even a smaller destination like Block Island and the state of Rhode Island. Open Skies agreements directly contributed to the substantial travel growth, particularly among international visitors, in Block Island and Rhode Island at-large. By fostering greater competition and airline access to markets in India, the Middle East, Africa and Southeast Asia, Open Skies enable our destination and businesses to welcome visitors from across the world like never before. Travelers, both domestic and international, are taking advantage of more affordable options and the opportunity to reach and return to U
.S. destinations. The result is directly paying dividends for local economies like Block Island.
8oo
.383.BIRI 401.466.5200 Fax 401.466
.5286 bitouris m @yahoo
.com 23 Water Str eet PO Box 3 56 Bloc k Island , Rhode Island 02807 "One of the /,m S!,Yeatplaces" Till· NATUIZI'**CoN~ERVA\iL')**

### The United States is built on a fierce competitive foundation. Expand

- rather than freeze

- competition through Open Skies and supportthe positive economic effects that come from expanded airline capacity and competition
. Sincerely,

Jessica Willi Executive Director, Block Island Tourism Council
VI

104TH CONGRESS

2D SESSION S. 1770

For the relief of Wayne T. Alderson.

IN THE SENATE OF THE UNITED STATES

MAY 16, 1996

Mr. SANTORUM (for himself, Mr. SPECTER, Mr. DOLE, Mr. CRAIG, Mr.

HELMS, and Mr. THURMOND) introduced the following bill; which was

read twice and referred to the Committee on Armed Services

A BILL

For the relief of Wayne T. Alderson.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. WAIVER OF TIME LIMITATIONS.

4 The time limitations set forth in section 3744(b) of

5 title 10, United States Code, shall not apply with respect

6 to the awarding of the medal of honor to Wayne T.

7 Alderson of Pittsburgh, Pennsylvania, in recognition of

8 acts performed at the risk of his life and beyond the call

9 of duty while serving as a private first class in the United

10 States Army in Germany during World War II.

Æ
#### UNITED STATES of America, Plaintiff-Appellee, v. Dennis SOOLOOK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Patrick OMIAK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Patrick SOOLOOK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Glenn IYAHUK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Patrick SOOLOOK, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Dennis SOOLOOK, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Glenn IYAHUK, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Glenn IYAHUK, Defendant-Appellant.

Nos. 92-30456, 92-30457, 92-30460, 92-30461, 92-30488, 92-30489, 92-30501, 92-30510.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 16, 1993.*

Decided Feb. 19, 1993.

*575Tonja Woelber, Anchorage, Alaska; Russell L. Winner, Michael Spann, Bogle & Gates; Francis Slater, Anchorage, Alaska, for defendants-appellants-cross-appellees.

Robert S. Anderson, Asst. U.S. Atty.; Timothy M. Burgess, Asst. U.S. Atty., Anchorage, Alaska; Jacques B. Gelin, Environment & Natural Resources Division, Washington, DC, for plaintiff-appellee-cross-appellant.

Before: GOODWIN, SCHROEDER and CANBY, Circuit Judges.

*

 The panel unanimously agrees that this case is appropriate for submission without oral argument pursuant to Fed.R.App.P. 34(a) and Ninth Cir.R. 34-4.

ORDER

These appeals arise from the same district court proceeding in which the defendants consented to the Magistrate-Judge’s jurisdiction over their criminal trials pursuant to 18 U.S.C. § 3401. Judgment was imposed by the Magistrate-Judge for misdemeanor violations of the Marine Mammal Protection Act, 16 U.S.C. § 1371(b). Defendants filed their notices of appeal with the Clerk of the district court and proceeded to prosecute the appeals in this court.

An appeal of right from a criminal conviction imposed by a Magistrate-Judge “shall lie” to a judge of the district court and must first be brought in the district court before prosecution in the court of appeals. 18 U.S.C. § 3402. *See Midway Mfg. Co. v. Kruckenberg,*720 F.2d 653, 654 (11th Cir.1983); *United States v. Van Fossan,*899 F.2d 636, 638 (7th Cir.1990). Accordingly, the court, on its own motion, dismisses these appeals for lack of jurisdiction.

The request of appellants Patrick Soo-look and Patrick Omiak for the court to transfer their appeals to the district court is denied as unnecessary because all the notices of appeal were filed in the district court. Those notices were sufficient to effect appeals to that court. Therefore, all of the above-captioned appeals are remanded to the district court for further proceedings.

The motion of appellant Glenn Iyahuk for bail pending appeal in Nos. 92-30510 and 92-30461 is referred to the district court for resolution.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. No. 95-5647 MARCUS LAMONT SUMBLIN, a/k/a Christopher Bryson, a/k/a T-90, a/k/a T, a/k/a T-9, Defendant-Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Chief District Judge. (CR-94-137) Submitted: June 20, 1996 Decided: July 17, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges.

_________________________________________________________________ Dismissed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Jonathan M. Apgar, DAMICO & APGAR, Roanoke, Virginia, forAppellant. Robert P. Crouch, Jr., United States Attorney, Ray B. Fitzgerald, Jr., Assistant United States Attorney, Charlottesville, Virginia, for Appellee.

_________________________________________________________________Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________ OPINION PER CURIAM: Marcus Lamont Sumblin seeks to appeal the 100-month sentence he received after his guilty plea to possession of heroin with intent todistribute. 21 U.S.C.A. § 841 (West 1981 & Supp. 1996). He contends that the district court did not depart far enough below the guideline range of 151-188 months in recognition of his substantial assistance. United States Sentencing Commission, Guidelines Manual , § 5K1.1 (Nov. 1994). We dismiss the appeal.An appeals court lacks jurisdiction to review a defendant's challenge to the extent of a downward departure unless the departure resulted in a sentence imposed in violation of law or resulted from an incorrect application of the guidelines. United States v. Hill , 70 F.3d 321, 322 (4th Cir. 1995). Sumblin alleges that the district court ignored or failed to understand his addiction to heroin, wrongly decided that he deliberately chose to use and distribute drugs, and punished him unjustly by a lesser departure than he had hoped to receive. Sumblin had four prior drug convictions and a weapons conviction. At the sentencing hearing, in response to a question from the district court, Sumblin acknowledged that he had not used drugs for two years during his most recent confinement. He said he was not addicted when he got out of prison, but still had heroin on his mind because he had received no drug c ounseling and immediately resumed his old behavior. The district court commented that such conduct was not impressive, but gave Sumblin a "substantial reward" for his cooperation by departing 51 months below the guideline range. Sumblin's sentence was not imposed in violation of law and did not result from an incorrect application of the sentencing guidelines. Like the appellant in Hill , he is simply dissatisfied with the extent of the departure.
2We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
Exhibit 32.2


                     CERTIFICATION OF CHIEF FINANCIAL OFFICER

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

     The undersigned executive officer of PFS Bancorp, Inc. (the "Registrant")
hereby certifies that the Registrant's Form 10-QSB for the period ended June
30, 2004 fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and that the information contained therein
fairly presents, in all material respects, the financial condition and results
of operations of the Registrant.

                                   /s/Stuart M. Suggs
                                   ------------------------------------------
                                   Name:  Stuart M. Suggs
                                   Title: Chief Financial Officer, Vice
                                           President and Corporate Treasurer

Date:  August 11, 2004



A signed original of this written statement required by Section 906 has been
provided to PFS Bancorp, Inc. and will be retained by PFS Bancorp, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit 32.2**

 

STATEMENT OF CHIEF FINANCIALOFFICERPURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

 

Pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, I, Thomas R. Moyes, certify that:

 

1.  The Annual Report on Form 10-KSBfor the year ended June 30, 2003 (the “Report”) of MediCor Ltd. (the “Company”),fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.  The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of MediCor.

 

Date: June 6, 2005

 

 
|   | /s/  Thomas R. Moyes |   |
|--------|---------------------------|--------|
|   | Thomas R. Moyes           |
|   | Chief Financial Officer   |

 

----
CBI Submittals 

Roger Kohn to: Steve Hill 03/14/2012 03:34 PM

Hi Steve,

Got your voicemail message. In response to your inquiry concerning how to assert a business 

confidentiality claim for portions of a letter you intend to submit to EPA. You may, if you desire, assert a 

business confidentiality claim covering part or all of the information, in the manner described in 40 CFR 

2.203(b), quoted below. Information covered by such a claim will be disclosed by EPA only to the extent, 

and by means of the procedures, set forth in 40 CFR 40 Part 2, Subpart B. If no such claim accompanies 

the information when it is received by EPA, it may be made available to the public by EPA without further 

notice to you. Please see 40 CFR Part 2, Subpart B for general information about this subject. Please 

note that 40 CFR 2.301 includes special rules governing certain information obtained under the Clean Air 

Act.

40 CFR 2.203(b) states: (b) Method and time of asserting business confidentiality claim. A business 

which is submitting information to EPA may assert a business confidentiality claim covering the 

information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover 

sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, 

proprietary, or company confidential. Allegedly confidential portions of otherwise non-confidential 

documents should be clearly identified by the business, and may be submitted separately to facilitate 

identification and handling by EPA. If the business desires confidential treatment only until a certain date 

or until the occurrence of a certain event, the notice should so state.

Please let me know if you have further questions.

Roger Kohn

USEPA Region 9 - Air Division (AIR-3)

75 Hawthorne Street

San Francisco, CA 94105-3901

415-972-3973 

kohn.roger@epa
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO OPTEK
CORPORATION'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED JUNE 28, 1996
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-END>                               JUN-28-1996
<CASH>                                         106,986
<SECURITIES>                                         0
<RECEIVABLES>                                   89,322
<ALLOWANCES>                                     7,449
<INVENTORY>                                     74,304
<CURRENT-ASSETS>                               285,126
<PP&E>                                          79,868
<DEPRECIATION>                                  19,569
<TOTAL-ASSETS>                                 589,677
<CURRENT-LIABILITIES>                          248,123
<BONDS>                                        100,854
<PREFERRED-MANDATORY>                              480
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     223,327
<TOTAL-LIABILITY-AND-EQUITY>                   589,677
<SALES>                                        177,556
<TOTAL-REVENUES>                               177,556
<CGS>                                           97,813
<TOTAL-COSTS>                                   97,813
<OTHER-EXPENSES>                                11,713
<LOSS-PROVISION>                                   781
<INTEREST-EXPENSE>                               3,309
<INCOME-PRETAX>                                 17,745
<INCOME-TAX>                                     7,392
<INCOME-CONTINUING>                             10,353
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,353
<EPS-PRIMARY>                                      .23
<EPS-DILUTED>                                      .23
        

</TABLE>
**EXHIBIT
      99.2**





**Certification
      Pursuant to 18 U.S.C. Section 1350 As Adopted Pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002**








I,
      Adam
      Mauerberger, President and Chief Financial Officer of Atlantic Wine Agencies
      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-QSB of the Company for the quarter ended September
      30, 2006 (the "Report") fully complies with the requirements of Section 13(a)
      or
      15(d) of the Securities Exchange Act of 1934, as amended; and





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








Date:
      November 17, 2006








/s/
      Adam
      Mauerberger


Adam
      Mauerberger


President
      and Chief Financial Officer
Draft NSPS TSDs 

 Bill Maxwell 

 to: Cortney_Higgins 

 03/04/2011 03:49 PM 

 Cc: RobertJ Wayland, Christian Fellner 

 

Cortney -- 

Here are the TSD's for the NSPS. 

Thanks. 

PM Compliance Memo (Draft to OMB)_030411.pdf Boiler NSPS Redline Memo_030411.pdf 

NOx Compliance Memo (Draft to OMB)_030411.pdf SO2 Compliance Memo (Draft to 

OMB)_030411.pdf 

Deliberative Document -- FOIA Exempt

Bill Maxwell 

Energy Strategies Group 

Sector Policies and Programs Division 

U.S. EPA Mail Code D243-01 

109 T.W. Alexander Drive 

Research Triangle Park, NC 27711 

Phone: 919-541-5430 

FAX: 919-541-5450
**
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

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

The undersigned, the Chief Financial Officer of Gladstone Capital Corporation (the “Company”), hereby certifies on the date hereof, pursuant to 18U.S.C. §1350(a), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2020 (“Form 10-Q”), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. 

Date:May 4, 2020 

 
/s/ *Nicole Schaltenbrand*Nicole SchaltenbrandChief Financial Officer and Treasurer**