alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Eular Fay ANDERSON, alias Eular Fay Landrum, Appellant, v. The STATE of Texas, Appellee.

No. 29782.

Court of Criminal Appeals of Texas.

June 11, 1958.

*604W. S. Foster, Waco, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

WOODLEY, Judge.

An appeal bond having been entered into, the appeal is reinstated.

Appellant was seen in the J. C. Penney Store in Marlin putting some kind of women’s underclothes under her dress. She left the store and ran when some one called to her and tried to stop her. Some articles were seen to fall from her dress on the street. None of the property which the circumstantial evidence shows to have been removed from the Penney Store was recovered.

Mr. Cole, the manager, testified that certain merchandise was missing from the store.

While the circumstantial evidence is deemed sufficient to support a finding by the jury that appellant stole some merchandise from the Penney Store, the evidence is not sufficient to sustain a finding that the property alleged in the indictment was stolen.

We need discuss only the seven gowns.

The indictment alleged the theft of seven gowns. The proof relied upon by the State is as follows:

> “Q. (to manager Cole) I believe in and around the place where this merchandise was missing, did you find any other merchandise that had been tampered with any way? A. In checking our inventory we found seven gowns missing, but we found them between the two counters. They were located on the floor.

> “Q. Were they placed there by any of your employees, as far as you know ? A. No, sir. They had been dropped behind these counters by someone.”

> “A. * * * Then the bin on the gown counter, we found the gowns behind the counter over beyond where they were supposed to be located over on top of the table.”

> “Q. Mr. Cole, I believe you testified something about you found seven gowns down on the floor. What was the value of those seven gowns, if you remember? A. $27.64, I believe it was, sir.”

The testimony set out is all of the evidence relating to the alleged theft of seven gowns, and is insufficient to support a finding that the seven gowns found on the floor were stolen by appellant.

The indictment alleged the fraudulent taking of “thirteen (13) women’s Slips; eight (8) pieces of jewelry; and seven *605gowns, and five (5) brassieres of the aggregate value of over Fifty (SO) Dollars.”

As the indictment was drawn, it was essential that the State prove that all of the property described therein was stolen, the items not being of uniform value. See Branch’s Ann.P.C., 2d Ed., Sec. 2674, citing: Thompson v. State, 43 Tex. 268; Ware v. State, 2 Tex.App. 547; Meyer v. State, 4 Tex.App. 121; Doyle v. State, 4 Tex.App. 253; Street v. State, 7 Tex.App. 5, 7; Dove v. State, 112 Tex.Cr.R. 231, 15 S.W.2d 1042.

A different question would be presented had the indictment alleged the value of the particular items alleged to have been stolen.

The evidence being insufficient to sustain the conviction, the judgment is reversed and the cause remanded.
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

I, Peter J. Murphy, Chief Executive Officer of Parlex Corporation (the
"Company"), do hereby certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to
my knowledge:

      (a)   the Annual Report on Form 10-K of the Company for the period
            ending June 30, 2004, as filed with the Securities and Exchange
            Commission (the "Report"), fully complies with the requirements of
            Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

Dated: September 28, 2004

/s/ Peter J. Murphy
-----------------------
Peter J. Murphy
Chief Executive Officer


<PAGE>
From: RAllen@kdhe.state.ks.us Sent: Wednesday, August 01, 2007 12:04 PM

To: Marinshaw, Richard Subject: RE: Information on Hallmark Cards

-- Select Products Facility

Richard,

I discussed your question regarding the number reported for chromium compounds (480.73 lbs) with someone in the Emissions Inventory section and they agreed that this is their uncontrolled emissions. In regards to the derivation of that number, we do not h ave the MSDS to verify that

information.

I looked through the facility's file in order to find the tank dimensions, but I did not find that information. The following information was provided by the facility in April 1995: 450 gallons average tank volum e, 3000 Amperes maximum rectifier setting, 0.0003

- 0.0006 inch thickness of cylinder plating, 2000 CFM, 5 inch pressure drop (water). The tank dimensions were not provided with that information.

I hope this helps.

Rasha S. Allen

KDHE, Bureau of Air and Radiation Air Permitting Section

1000 SW Jackson, Suite 310 Topeka, KS 66612

785.296.1693 785.291.3953 (fax)

rallen@kdhe.state.ks.us
---

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

The undersigned, Bondy Tan, hereby certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

|(1) | the quarterly report on Form 10-Q of Lightscape
      Technologies Inc. for the quarter ended September 30, 2008 (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 Lightscape Technologies Inc.                                                                      



Dated: November 13, 2008



| | /s/ Bondy Tan                             
| | ------------------------------------------
| | Bondy Tan                                 
| | President and Chief Executive Officer     
| | (Principal Executive Officer, Principal   
| | Financial Officer and Principal Accounting
| | Officer)                                  

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Lightscape
Technologies Inc. and will be retained by Lightscape Technologies Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

---
## SERVE D JANUAR Y 11 , 201 0 U.S . DEPARTMEN

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i OFFICE O

FHEARING S ' " 3 WASHINGTON , D C _ I N TH E MATTE RO F DARB Y AVIATION , Respondent . FA A DOCKE

T NO . CP08SO002 6 (Civi l Penalt

y Proceeding ) DM S NO . FAA-2008-119 2

HEARIN G NOTIC E PLEAS E TAK

E NOTICE tha

t the hearing i

n thi s cas e will b e hel don Januar y 28 , 2010 , beginning a

t 10:00 a.m. , loca

l time a t th e following location : Birmingha mSocia l Securit y Cente r 120 0 Rev . Abraha

mWoods , Jr . Blvd . Roo

m9 (formerl y 8 * Ave . N ) Birmingham , A

L 3528 5 Allo w time to pas s through securit y an dnot e tha t cameras , includin g cellula

r telephone s incorporatin g cameras , ar e not allowedi n federa l courthouses .

Isaa c D . Benkin Administrativ e La

w Judg e Attachment-Servic e Lis tFA A Docke t No . CP08SO002 6 (Civi l Penalty Action ) UPDATE D SERVIC E LIS T ORIGINA L & ON E COP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-4 3 0 Wilbu r Wrigh t Building—Suit e 2W1000 '

ON E COP Y Deann aL . Weidner , Respondent' s Counse l Anderso n & Associates , LL C 50 5 20th Stree t

Nort h Financial Center , Suit e 145 0 Birmingham , A L 3520 3 TEL : 205-324-123 0 FAX : 205-322-389 0 E-MAIL : dlweidner@davidbandersonlaw.co m Raymon dVeatch , Complainant' s Counse l Offic e o f th e Regiona l Counse l Federal Aviatio n Administratio n 80 0 Independenc e Ave . S.W . Washingto n D C 2059 1 TEL : 202-267-967 6 E-MAIL : Raymond.Veatch@faa.go v Th e Honorabl e Isaa c D . Benkin , Administrativ e La w Judg e Offic e o f Hearings , M-2 0 U.S . Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E . Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , D C 2059 0 TEL : Attorne y 202-366-213 9 Lega l Assistan t

202-366-213 2 FAX : 202-366-753 6 E-MAIL : David.Benkin@dot.go v

' Servic e wa s b y U.S . Mail . Fo

r servic e i n perso n o r b y expedite dcourier , us e th e followin g address : Federa

l Aviatio n Administration, 60

0 Independenc

e Avenue, S.W. , Wilbu

r Wrigh t Building—Suit

e 2W1000, Washington

, D C 20591 ; Attention : Hearin

g Docke t Clerk , AGC-^30 .
Exhibit 31.2



CERTIFICATION



I, Dale E. Parker, Vice President and Chief Financial Officer of Appleton Papers Inc., certify that:



1. I have reviewed this quarterly report on Form 10-Q of Appleton Papers Inc.;



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-14 and 15d-14) 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 an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):



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



b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over financial reporting.



August 16, 2004



|           |  |                                           
|---------- |  | ------------------------------------------
|           | 
|Signature: |  | /s/    DALE E. PARKER                     
|           |  | Dale E. Parker                            
|           |  | Vice President and Chief Financial Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 02-4009

RICARDO LAMONT RAY,

Defendant-Appellant. 

Appeal from the United States District Court

for the Eastern District of Virginia, at Norfolk.

Jerome B. Friedman, District Judge.

(CR-01-139)

Submitted: June 24, 2002

Decided: July 18, 2002

Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion. 

COUNSEL

Paul A. Driscoll, PENDER & COWARD, P.C., Virginia Beach, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Joseph

E. DePadilla, Assistant United States Attorney, Norfolk, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Pursuant to a valid plea agreement, Ricardo Lamont Ray pled

guilty to possession with intent to distribute cocaine, in violation of

21 U.S.C.A. § 841(a)(1) (West 1999). Ray received a seventy-two

month prison term. Ray’s attorney has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967). Counsel states that there

are no meritorious grounds for appeal but raises two issues: (1)

whether Ray waived his right to an appeal; and (2) whether the district court erred applying the sentencing guidelines. Ray has also filed

a supplemental pro se brief raising additional issues. We dismiss the

appeal based upon Ray’s waiver of appellate rights contained in his

plea agreement. 

A defendant whose plea agreement contains an express waiver of

the right to appeal may not appeal his sentence unless the waiver is

shown to be unknowing or involuntary. United States v. Brown, 232

F.3d 399, 403 (4th Cir. 2000); see also United States v. Marin, 961

F.2d 493, 496 (4th Cir. 1992). Ray’s plea agreement contained a

waiver of appellate rights. Our review of the plea agreement and the

record of the plea colloquy reveal that Ray’s waiver was knowing and

voluntary. The sentence did not exceed the statutory maximum penalty, and there is no evidence that it was based on a constitutionally

impermissible factor. Marin, 961 F.2d at 496. Moreover, the sentence

was not imposed pursuant to proceedings conducted in violation of

Ray’s right to counsel. United States v. Attar, 38 F.3d 727, 732-33

(4th Cir. 1994). We therefore dismiss his appeal. 

As required by Anders, we have reviewed the record and conclude

that there are no meritorious issues for appeal. This court requires that

counsel inform his client, in writing, of his right to petition the

Supreme Court of the United States for further review. If the client

requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave

to withdraw from representation. Counsel’s motion must state that a

copy thereof was served on the client. We dispense with oral argument because the facts and legal contentions are adequately presented

2 UNITED STATES v. RAY
in the materials before the court and argument would not aid the decisional process. 

DISMISSED

UNITED STATES v. RAY 3
Summary of RTR Impacts Tables

Elaine Manning to: Higgins, Cortney 08/12/2010 10:16 AM

Cc:

Jan Tierney, Ann Johnson, Stan Durkee, Sarah Mazur, Fred Talcott, 

George Woodall, Tim Benner, Mary Kissell, Paula Hirtz, Dave 

Guinnup, Ken Hustvedt, Ted Palma, Randy Mcdonald, Dave Salman, 

Steve Shedd, Phil Mulrine, Mark Morris

KC asked that I send this to everyone for the call this afternoon at 1:30. It summarizes the many numbers 

for the source categories in the preamble. You will see differences in some of the numbers in the tables 

compared to some in the preamble. 

Thanks,

Elaine

OAQPS, HEID, Sector Based Assessment Group

(919) 541-5499

Summary

of RTR

impacts 8

12

10.doc 

Summary

of RTR

impacts 8

12

10.doc
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT DECEMBER 31, 1996 AND THE STATEMENT OF OPERATIONS FOR THE TWELVE MONTHS
ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS INCLUDED AS PART OF ITS ANNUAL REPORT ON FORM 10-K FOR THE
PERIOD DECEMBER 31, 1996
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         493,149
<SECURITIES>                                         0
<RECEIVABLES>                                  202,959
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               696,108
<PP&E>                                       3,051,757
<DEPRECIATION>                               2,078,170
<TOTAL-ASSETS>                               1,669,695
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,669,695
<TOTAL-LIABILITY-AND-EQUITY>                 1,669,695
<SALES>                                              0
<TOTAL-REVENUES>                               496,809
<CGS>                                                0
<TOTAL-COSTS>                                  234,015
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   527,169
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: FAA - 2014 - 0144 Directorate Identifier: 2013NM232AD

84 - 27 - 44, RA --- 6/10/09 84 - 27 - 44 --- 4/13/09

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Federal Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 0 3/05/2008
FW: Eramet April 27th drive home from work 

Wittberg, Richard A to: Conrad Chin 

Cc: ccbeidler 

This message has been replied to and forwarded. 

2 attachments 

[8 ~ A TI372296.txt photo.JPG 

05/01/2012 11 :44 AM 

Thought you might like to see some recent photos. This i s a common 

occurrence when they tap. 

-----Original Message----- From: Danaj singer [mai l to: danaj singer®gmail. com) 

Sent: Tuesday, May 01, 2012 10:39 AM 

To: Wittberg, Richard A 

Subject: Eramet April 27th drive home from work
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 Annual Report on Form 10-K of Cytogen Corporation (the
"Company") for the year ended December 31, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, Kevin G.
Lokay, President and Chief Executive Officer of the Company, hereby certifies,
pursuant to 18 U.S.C. Section 1350, 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.





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





Dated:
      March 14, 2008
            /s/
      Kevin G. LokayKevin
      G. LokayPresident
      and Chief Executive Officer
#### Salvatore A. TERRANO, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

No. 02-3255.

United States Court of Appeals, Federal Circuit.

July 15, 2002.

*ORDER*

The court has received and filed the petitioner’s statement concerning discrimination.

Accordingly,

IT IS ORDERED THAT:

(1) The order of dismissal issued July 1, 2002 is vacated, the mandate recalled, and the petition for review is reinstated.

(2) Petitioner’s brief is due within 21 days from the date of filing of this order.
<PAGE>

                                                                    Exhibit 11.0


              Statement Regarding Computation of Per Share Earnings
                         For the Year Ended December 31

                                          2002          2001 (1)        2000
                                       -----------------------------------------
Weighted average shares outstanding:
Basic                                   11,105,584    11,101,403       8,778,621
Effect of stock options outstanding         46,690            na               -
                                       -----------------------------------------
   Fully diluted                        11,152,274    11,101,403       8,778,621
                                       =========================================


Net income (loss) ($000s)              $     5,997         ($415)    $     1,386
Earnings (loss) per share:
  Basic                                $      0.54        ($0.04)    $      0.16
  Fully diluted                        $      0.54        ($0.04)    $      0.16


(1) The effect of stock options was anti-dilutive for the year December 31,
2001.
Exhibit
23.1




Consent of Independent
Registered Public Accounting Firm




PC Group,
Inc.


New York,
New York





We hereby
consent to the incorporation by reference in Registration Statement Nos.
333-139882, 333-130765 and 333-92014 on Form S-3, Registration Statement Nos.
333-130764, 333-94769 and 333-110962 on Form S-8, and Registration Statement No.
333-94769 on Form S-8A of PC Group, Inc. and Subsidiaries of our report dated
March 18, 2010, relating to the consolidated financial statements which appear
in this Annual Report on Form 10-K for the year ended December 31,
2009.




/s/ BDO
Seidman, LLP


Melville,
New York


March 18,
2010