alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX32.1

Written Statement of the Chief Executive Officer Pursuant to 18 U.S.C.  1350

Solely for the purposes of complying with 18 U.S.C. 1350, I, the undersigned
Principal Executive Officer of McKenzie Bay International, Ltd.  (the
"Company"),  hereby certifies, based on  my  knowledge,  that  the Quarterly
Report  on Form 10-QSB of the Company  for  the  quarter ended  June 30, 2004
(the "Report") fully complies  with  the requirements of Section 13(a) of the
Securities Exchange Act  of 1934   and  that  information  contained  in  the
Report  fairly presents,  in all material respects, the financial condition  and
results of operations of the Company.

                            Date: September __, 2004


                             /s/ Gary L. Westerholm
                             ----------------------
                               Gary L. Westerholm
                          Principal Executive Officer
|                                           |   | State of Incorporation |
|------------------------------------------------|--------|-----------------------------|
| Insurance Subsidiaries:                        |   |                        |
| EquiTrust Life Insurance Company               |   | Iowa                        |
| Farm Bureau Life Insurance Company             |   | Iowa                        |
| Noninsurance Subsidiaries:                     |   |                        |
| EquiTrust Assigned Benefit Company             |   | Iowa                        |
| EquiTrust Financial Group                      |   | Iowa                        |
| EquiTrust Investment Management Services, Inc. |   | Delaware                    |
| EquiTrust Marketing Services, L.L.C.           |   | Delaware                    |
| FBL Financial Group Capital Trust              |   | Delaware                    |
| FBL Financial Group Capital Trust II           |   | Delaware                    |
| FBL Financial Services, Inc.                   |   | Iowa                        |
| FBL Leasing Services, Inc.                     |   | Iowa                        |
| 5400 Holdings, L.L.C.                          |   | Iowa                        |
| 7100 Holdings, L.L.C.                          |   | Iowa                        |
Exhibit
      32.1





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


**LEV
      PHARMACEUTICALS, INC.**


**FORM
      10-QSB FOR THE THREE MONTHS ENDED MARCH 31, 2006**


**PURSUANT
      TO 18 U.S.C. SECTION 1350, AS ADOPTED**


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





I
      am the
      Chief Executive Officer of Lev Pharmaceuticals, Inc., a Delaware corporation
      (the “Company”). I am delivering this certificate in connection with the Form
      10-QSB of the Company for the three months ended March 31, 2006 and filed with
      the Securities and Exchange Commission (“Form 10-QSB”).





Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
      the Form 10-QSB fully complies with the requirements of Section 13(a) or Section
      15(d) of the Securities Exchange Act of 1934 and that the information contained
      in the Form 10-QSB fairly presents, in all material respects, the financial
      condition and results of operations of the Company.





Date:
                May 11, 2006
            
            /s/
                Joshua D. Schein, Ph.D.Joshua
                D. Schein, Ph.D.Chief
                Executive Officer
EXHIBIT 23




Consent of Ernst & Young LLP, Independent Auditors

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-11139) pertaining to the Boston Communications Group, Inc.
1996 Stock Option Plan, (Form S-8 No. 333-11191) pertaining to the Boston
Communications Group, Inc. Non-Qualified Stock Options Pursuant to Written
Option Agreements, (Form S-8 No. 333-11195) pertaining to the Boston
Communications Group, Inc. 1996 Employee Stock Purchase Plan, (Form S-8 No. 333-
57643) pertaining to the Boston Communications Group, Inc. 1998 Stock Incentive
Plan and (Form S-8 No. 333-57641) pertaining to the Boston Communications Group,
Inc. Non-Statutory Stock Option and (Form S-8 No. 333-85247) pertaining to the
Boston Communications Group, Inc. Non-Qualified Stock Options Pursuant to
Written Option Agreements and of our report dated January 28, 2000, with respect
to the consolidated financial statements and schedule of Boston Communications
Group, Inc. included in the Annual Report (Form 10-K) for the year ended
December 31, 1999.

                     					/s/ Ernst & Young LLP


Boston, Massachusetts
March 24, 2000
II

104TH CONGRESS

1ST SESSION S. 296

To amend section 1977A of the Revised Statutes to equalize the remedies

available to all victims of intentional employment discrimination, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 30, 1995

Mr. KENNEDY (for himself, Mr. AKAKA, Mr. BINGAMAN, Mrs. BOXER, Mr.

BRADLEY, Mr. CAMPBELL, Mr. DODD, Mr. FEINGOLD, Mr. HARKIN, Mr.

INOUYE, Mr. LAUTENBERG, Mr. LEAHY, Ms. MIKULSKI, Ms. MOSELEYBRAUN, Mr. MOYNIHAN, Mrs. MURRAY, Mr. PACKWOOD, Mr. PELL, Mr.

ROBB, Mr. SIMON, and Mr. WELLSTONE) introduced the following bill;

which was read twice and referred to the Committee on Labor and

Human Resources

A BILL

To amend section 1977A of the Revised Statutes to equalize

the remedies available to all victims of intentional employment discrimination, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Equal Remedies Act

5 of 1995’’.
2

•S 296 IS

1 SEC. 2. EQUALIZATION OF REMEDIES.

2 Section 1977A of the Revised Statutes (42 U.S.C.

3 1981a), as added by section 102 of the Civil Rights Act

4 of 1991, is amended—

5 (1) in subsection (b)—

6 (A) by striking paragraph (3), and

7 (B) by redesignating paragraph (4) as

8 paragraph (3), and

9 (2) in subsection (c), by striking ‘‘section—’’

10 and all that follows through the period and inserting

11 ‘‘section, any party may demand a jury trial.’’.

Æ
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-50029

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ARTURO ZAVALETA BENITEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 6:14-CR-6-2

Before WIENER, HIGGINSON, and COSTA, Circuit Judges.

STEPHEN A. HIGGINSON, Circuit Judge:*

Arturo Zavaleta Benitez appeals his jury trial conviction for possession 

with intent to distribute cocaine and aiding and abetting for which he received 

a sentence of forty-eight months of imprisonment. Zavaleta Benitez argues 

that the district court abused its discretion in denying his motion for additional 

compensation for expert interpreter services without conducting a hearing. He 

 

* 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

November 23, 2015

Lyle W. Cayce

Clerk

 Case: 15-50029 Document: 00513282260 Page: 1 Date Filed: 11/23/2015
No. 15-50029

2

contends that he showed the district court that he required additional services 

in order to present an adequate defense at trial.

The Criminal Justice Act, 18 U.S.C. § 3006A(e), allows an indigent 

defendant to request the appointment of an expert or to receive other services

that are necessary for adequate representation after demonstrating to the 

court that the services are necessary. The burden is on the defendant to 

provide specific reasons why the services are required. United States v. 

Gadison, 8 F.3d 186, 191 (5th Cir. 1993). “We review the district court's refusal 

to appoint an investigator ‘in light of only the information available to the trial 

court at the time it acted on the motion.’” Id. (citation omitted).

While Zavaleta Benitez indicated in his motion that his counsel had 

relied on an interpreter on numerous occasions, he did not specify the future 

services that would be required for counsel to provide adequate representation

and did not allege that he was unable to obtain services on a particular 

occasion. Nor did Zavaleta Benitez’s counsel request a hearing before or after 

the district court denied the motion. Zavaleta Benitez is arguing for the first 

time on appeal that he had no opportunity to obtain witnesses to present at 

trial to rebut government witness Rodriguez Arroyo’s testimony, a claim that 

was not presented at the time that the district court made its ruling. See id. 

Zavaleta Benitez failed to demonstrate with specificity that he required further 

services of an interpreter to present an adequate defense at trial. Thus, the 

district court did not abuse its discretion in denying the motion for 

appointment of an interpreter. See id. 

Zavaleta Benitez’s conviction is AFFIRMED.

 Case: 15-50029 Document: 00513282260 Page: 2 Date Filed: 11/23/2015
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

IN RE: CYNTHIA A. WARK,

Appellant

______________________

2018-1901

______________________

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. 14/556,359.

______________________

JUDGMENT

______________________

THOMAS YOUNG, Young Basile Hanlon & MacFarlane 

P.C., Troy, MI, argued for appellant. 

 MAI-TRANG DUC DANG, Office of the Solicitor, United 

States Patent and Trademark Office, Alexandria, VA, argued for appellee Andrei Iancu. Also represented by 

THOMAS W. KRAUSE, JOSEPH MATAL, MOLLY R. SILFEN.

 ______________________

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED:

 PER CURIAM (TARANTO, SCHALL, and CHEN, Circuit 

Judges).
AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

 May 9, 2019 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court
<PAGE>   1
                                                                 EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT

        We consent to the use in this Registration Statement of Long Beach
Financial Corporation on Form S-1 of our report dated February 14, 1997,
appearing in the Prospectus, which is part of this Registration Statement.

        We also consent to the reference to us under the headings "Selected
Consolidated Financial Data" and "Experts" in such Prospectus.



/s/  DELOITTE & TOUCHE LLP
----------------------------   
     Deloitte & Touche LLP

Costa Mesa, California
March 14, 1997
EXHIBIT 32.2
 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
    August 14, 2008
    
    By /s/ FranceneLaPoint
    
    Chief Financial Officer,Date
    
    Francene LaPoint
    
    Grubb & Ellis Realty Investors, LLC,
the Manager of NNN 2003 Value Fund, LLC,
(principal financial officer)
<PAGE>

                                                                      Exhibit 23

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-15219) pertaining to the Open Plan Systems, Inc. 1996 Stock Option
Plan for Non-Employee Directors, the Registration Statement (Form S-8 No.
333-15217) pertaining to the Open Plan Systems, Inc. 1996 Stock Incentive Plan,
the Registration Statement (Form S-8 No. 333-37084) pertaining to the Open Plan
Systems, Inc. 2000 Stock Option Plan for Non-Employee Directors and the
Registration Statement (Form S-8 No. 333-38588) pertaining to the Open Plan
Systems, Inc. Employee Stock Purchase and Bonus Plan, of our report dated March
5, 2002, with respect to the consolidated financial statements of Open Plan
Systems, Inc. included in the Annual Report (Form 10-K) for the year ended
December 31, 2001.

                                               /s/ ERNST & YOUNG LLP

Richmond, Virginia
April 10, 2002
| Exhibit 32.2 |
|--------------|

| SECTION 1350 CERTIFICATIONS |
|-----------------------------|
| OF                          |
| EXPRESSJET HOLDINGS, INC.   |

I, Frederick S. Cromer, Vice President and Chief Financial Officer of ExpressJet Holdings, Inc., certify, pursuant to Section906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) thatbased on my knowledge:

| (1)   | the Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2004 (the “Periodic Report”) which thisstatement accompanies fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15U.S.C. 78m or 78o(d)) and |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (2)   | information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results ofoperations of ExpressJet Holdings, Inc.                                                                                                                 |

This certificate is being furnished solely for purposes of Section 906 and is not being filed as part of the PeriodicReport.

|  Date:  July 21,2004                 |              | **/s/ Frederick S.Cromer                         ** |
|-------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                  | Frederick S. Cromer Vice President and Chief Financial Officer           |

----
(Apria Healthcare Logo)
    
    F  O  R    I  M  M  E  D  I  A  T  E     R  E  L  E  A  S  EJune 19, 2008
 For Further Information, Contact:Chris A. Karkenny             or
Chief Financial Officer
949.639.4990
    
    Michael E. Polgardy
Treasurer
949.639.435726220 Enterprise Court
Lake Forest, California 92630
Tel 949.639.2000
 APRIA HEALTHCARE GROUP INC. AGREES TO BE ACQUIRED  BY AFFILIATE OF THE BLACKSTONE GROUP
 Apria Shareholders to Receive $21.00 Per Share in
 All-Cash Transaction Valued at $1.6 Billion
    1




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2




---



##### 



Credit Facility
  About Apria Healthcare Group Inc.
  3




---



##### 



www.apria.com
 About The Blackstone Group
  Additional Information
  4




---



##### 



Forward-Looking Statements
  5




---



##### 



6
Exhibit 32.1

Written Statement of the Chief Executive Officer Pursuant to 18 U.S.C.  1350

Solely for the purposes of complying with 18 U.S.C. 1350, I, the undersigned
Principal Executive Officer of McKenzie Bay International, Ltd.  (the
"Company"),  hereby certifies, based on  my  knowledge,  that  the Quarterly
Report  on Form 10-QSB of the Company  for  the  quarter ended  December 31,
2004  (the "Report") fully complies  with  the requirements of Section 13(a) of
the Securities Exchange Act  of 1934   and  that  information  contained  in
the  Report  fairly presents,  in all material respects, the financial condition
and results of operations of the Company.

Date: February 14, 2005

/s/ Gary L. Westerholm
----------------------
Gary L. Westerholm
Principal Executive Officer
P.1 

OAR Box 1394 

Prepped by Ollie Stewart 

Document Number: 

10) ll-B-5 

Docket Number: 

A-94-52 

Printed 7/3/2008 7:22:10 AM Sheet 10 of 57 
P.2 

iT^-5 

Docket No. A 

Category II- & 

The following information is located in the confidential files of the 

Director, Emission Standards Division, Office of Air Quality Planning and . 

Standards, U. S. Environmental Protection Agency, Research Triangle Park, 

North Carolina 27711. This information is confidential pending final 

detennination by the Administrator and is not available for public inspection. 

/ 

ps<»/ „;*•/ /* /s**»•*, J»*. -?*' ^{''<*'»^s^:'':''** 

h to**/>">*"* *{ * r* p*y ^>'p ^fr c i 

FeYfCiQ) 

'iii! OCT I 91995 '* 

i ^wiw^Afs'"-
<PAGE>

                                                                      Exhibit 12

MERISTAR HOSPITALITY CORPORATION
 Statement Regarding Computation of Ratios

<TABLE>
<CAPTION>
                                                                                   Year Ended December 31,
                                                                   -------------------------------------------------------------
                                                                   1997        1998         1999            2000            2001
                                                                   ----        ----         ----            ----            ----

<S>                                                             <C>         <C>           <C>             <C>            <C>
Income before minority interests, income tax
   expense and extraordinary items (1)                          $  40,488   $  69,528     $ 116,667       $ 111,650      $ (42,053)


Fixed charges:
    Interest expense                                               21,024      64,378       100,398         117,524        122,376
    Interest capitalized                                              442       5,182        12,540           8,613          6,098
    Amortization of debt expense                                      920       1,635         3,143           3,951          4,651
    Preferred distributions to minority interests                     488         650           574             574            574
    Rent deemed as interest                                            26          11             -               -
                                                                ------------------------------------------------------------------
Total fixed charges                                                22,900      71,856       116,655         130,662        133,699
                                                                ------------------------------------------------------------------


Income before minority interest, income tax expense,
    extraordinary items and fixed charges (excluding
    capitalized interest and preferred distributions
    to minority interests)                                         62,458     135,552       220,208         233,125         84,974

Divided by fixed charges                                           22,900      71,856       116,655         130,662        133,699

Ratio of earnings to fixed charges                                   2.73        1.89          1.89            1.78           0.64
</TABLE>


(1) This amount is before minority interests since the minority interests relate
to majority-owned subsidiaries that have fixed charges.
EXHIBIT 10.24 SUMMARY OF NAMED EXECUTIVE OFFICER COMPENSATION
 Summary of FBL Financial Group, Inc.
Named Executive Officer Compensation  2009
  20092009 Non-equity
    
    
    
    
    
    RestrictedIncentive Plan threshold,
    
    
    
    
    
    Stocktarget, cap as % of
    
    2009 Stock
    
    Grant2009 Base
    
    eligible pay, payable in
    
    Option Grant
    
    (#shares)Name and Title
    
    Salary
    
    2009 (1)
    
    (#shares) (2)
    
    (3)James W. Noyce, CEO
    
    $
    732,000
    
    
    
    45-90-180
    %
    
    
    78,959
    
    
    
    80,329James P. Brannen, CFO
    
    $
    416,250
    
    
    
    30-60-120
    %
    
    
    29,052
    
    
    
    29,557Bruce A. Trost,
Executive VP
Property/Casualty
Companies
    
    $
    410,141
    
    
    
    30-60-120
    %
    
    
    28,625
    
    
    
    29,123John M. Paule,
Executive VP
EquiTrust Life
    
    $
    390,246
    
    
    
    30-60-120
    %
    
    
    27,237
    
    
    
    27,711Richard J. Kypta,
Executive VP Farm
Bureau Life, General
Counsel and
Secretary
    
    $
    386,925
    
    
    
    30-60-120
    %
    
    
    27,006
    
    
    
    27,476
 
 (1)
    
    Payable pursuant to the FBL Financial Group, Inc. 2009 Management Performance Plan. Goals for
the plan are set annually in such areas as membership accounts, insurance and annuity premium
volume, expense controls and earnings per share. Payments are made in early February of the year
following performance, upon certification by the Management Development and Compensation Committee
of the level of goal attainment.(2)
    
    Annually granted in mid-January pursuant to the 2006 Class A Common Stock Compensation Plan at
date of grant closing stock price as the exercise price; vest in five annual installments and
expire in ten years. The grants are incentive stock options to the extent permitted by tax law,
with the remaining shares being nonqualified stock options.(3)
    
    Annually issued in February pursuant to the 2006 Class A Common Stock Compensation Plan; these
restricted shares are subject to forfeiture if Company performance goals (measured by earnings per
share and expense controls) and other conditions are not met during the year ended December 31,
2010, assume that expected operations will result in earning the target amount of approximately 50%
of the amount granted, and are subject to a further service vesting period until February 2012..
**EXHIBIT 32.1**

 

*CHIEF EXECUTIVE OFFICER CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350*

 

In connection with the Quarterly Report of MedicalCV, Inc. (the “Company”)on Form 10-QSB, as amended, for the quarter ended July 31, 2005, asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Marc P. Flores, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

A signed original of this written statement required by Section 906has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

 
| Dated:   January 5, 2006 | By:                                   | /s/ Marc P. Flores |   |
|-------------------------------|---------------------------------------|--------------------|--------|
|                          | Marc P. Flores                        |
|                          | President and Chief Executive Officer |

 

----