alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 99.1

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

         In connection with the Quarterly Report of I-trax, Inc. (the "Company")
on Form 10-QSB for the period ending June 30, 2002 as filed with the  Securities
and Exchange  Commission on the date hereof (the "Report"),  I, Frank A. Martin,
Chief Executive Officer of the Company,  certify,  pursuant to 18 U.S.C.ss.1350,
as adopted pursuant toss.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/ Frank A. Martin
-------------------
Frank A. Martin
Chief Executive Officer
May 13, 2003


<PAGE>
#### Aubrey ALLEN, Appellant, v. The STATE of Texas, Appellee.

No. 38196.

Court of Criminal Appeals of Texas.

April 28, 1965.

Rehearing Denied May 26, 1965.

Lawrence Fischman, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., William M. LauBach, Asst. Dist. Atty., Lubbock, and Leon B. Douglas, State’s Atty., Austin, for the State.

McDONALD, Presiding Judge.

The offense is theft, with two prior convictions for felonies less than capital alleged for enhancement purposes; the punishment, under Art. 63, Vernon’s Ann. P. G, life imprisonment.

The sole question presented us by Bill of Exception No. 1. is that the 1956 Terry County conviction in Cause No. 971 is void on its face and therefore cannot be used for enhancement purposes. Appellant urged the trial court not to pronounce sentence and presented a Motion in Arrest of Judgment setting out this foregoing contention, which was by the trial court overruled.

The Terry County conviction found appellant guilty of “Theft over the Value of Fifty Dollars”. It is appellant’s contention that there is no such offense known to the *959laws of the State of Texas. A similar contention was made in Handy v. State, 160 Tex.Cr.R. 258, 268 S.W.2d 182, wherein the sufficiency of an indictment alleging that appellant had been convicted of the “offense of theft over the value of fifty ($50.00) and no/100 dollars, a felony” was challenged. There we overruled appellant’s contention. In Ex parte Isom, 168 Tex.Cr.R. 434, 331 S.W.2d 753, the judgment in one of the cases attacked by relator recited that he was found guilty of theft upon his plea of guilty before the court. The sentence recited that he was adjudged guilty of theft. We overruled the contention that the judgment was void for failure to further describe the offense. We here adhere to these prior holdings and overrule appellant’s contention.

Appellant does not challenge the sufficiency of the evidence.

The judgment of the trial court is affirmed.
# "^Co-^ V^^ ^ 

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### A 10^5 1 

# Koochichin g Economi c Developmen t Authorit y

Novembe r16 , 2011 Mr
. Denni s DeVan y Chief , Essentia l Ai rService Divisio n Offic e o f Aviatio n Analysi s U S Departmen t o f Transportatio n 120 0 Ne w JerseyAvenu e S E Washington , D

C 2059 0 Dea rIVIr
. DeVany : O n behal f o f th e Koochichin g Economi c Developmen t Authorit y(KEDA ) Board o f Directors , I' m w/ritin g i n stron g suppor t o f continue d schedule d ai rservic e fo rInternationa l Falls
. Fro m a n economi c developmen t perspectiv e on e o f ou rgrea t challenge s i s ou rgeographi c isolatio n - 10 0 mile s t o th e neares t communit yo f size ; 30 0 mile s t o th e Minneapolis/St
. Pau l metr o area . I t i s vita l fo rou rexistin g businesses , especiall yBois e Pape ran d it s man yvendors , t o hav e consisten t ai rservice
. A s a gatewa yt o Canad a an d Voyageurs Nationa l Park , ou rtouris m industryi s intrinsicall ytie d t o consisten t an d reliabl e ai rservic e an d capacit yi n th e bus ysumme rseason . Further , Internationa l Fall s ha s develope d a burgeonin g col d weathe rtestin g industry , attractin g tes t engineer s fro m aroun d th e worl d t o tes t thei rproduct s i n ou rdemandin g winte rweather
. I t i s imperative , give n th e tim e constraint s surroundin g thei rtes t schedules , tha t the yhav e reliabl e ai rser^'ce
. Give n ou rremot e location , th e ter m "essential " i s no t jus t a ter m directe d a t rura l communities , bu t rathe rcritica l t o ou rabilit yt o connec t t o th e worl d fo rcommerc e an d leisure
. An d a s w e loo k

t o attrac t othe rbusinesse s t o ou rarea , havin g commercia l ai rservic e i s a ke ycomponen t o f sellin g thi s location
. Than k yo u fo ryou rconsideratio n i n thi s importan t matter . Sincerely ,
Pau l Nevanen , Directo rKED A Cc : Fall s Airpor t Commission , Internationa l Fall s CityCouncil , Koochichin g CountyBoar d o f Commissioner s

]>.0 . Bo x 13 8 • Internationa l Falls , M N 5664 9 • Phone : 218-283-858 5 • Fax : 218-283-468 8 Toli-FVee : 1-800-452-356 9 • Kmail : keda@biisine.ssupnorth.co m• Website : www.businessupnorth.co m
N OTE : This disposition is nonprecedential.



# United States **Court of Appeals** 
**for the Federal Circuit**

______________________

APPLE INC., Appellant

v.

UNILOC 2017 LLC, Appellee

______________________

2019

- 1636

______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017

- 01993.

______________________

JUDGMENT

______________________

M ICHAEL T. P IEJA

, Goldman Ismail Tomaselli Brennan& Baum LLP, Chicago, IL, argued for appellant. Also represented by A LAN E RNST L ITTMANN

, D OUG J. W INNARD

.

B RIAN M ATTHEW K OIDE

, Etheridge Law Group, Southlake, TX, argued for appellee. Also represented by J AMES
E THERIDGE

, R YAN S. L OVELESS

, B RETT M ANGRUM

.

______________________

T HIS C AUSE ha ving been heard and considered, it is Case: 19-1636 Document: 45 Page: 1 Filed: 03/09/2020O RDERED and A DJUDGED :

P ER C URIAM (R EYNA

, C HEN

, and H UGHES

, Circuit Judges ).

AFFIRMED. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

March 9 , 2020

Date /s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court Case: 19-1636 Document: 45 Page: 2 Filed: 03/09/2020
* 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. 00-40968

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RITO GARCIA-DE LOERA,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-00-CR-414-1

--------------------

August 23, 2001

Before KING, Chief Judge, POLITZ, and PARKER, Circuit Judges.

PER CURIAM:*

Rito Garcia-De Loera appeals his guilty–plea conviction for

being found in the United States after deportation, a violation

of 8 U.S.C. § 1326. He argues that his indictment was defective

under the Fifth and Sixth Amendments because it did not allege

general intent. He does not reassert his argument that the

indictment is defective because it does not allege specific

intent, and therefore that argument is deemed abandoned. See

Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
No. 00-40968

-2-

Garcia’s indictment “fairly conveyed that [his] presence was

a voluntary act" and satisfied the constitutional requirements of

a valid indictment. See United States v. Berrios-Centeno, ___

F.3d ___, 2001 WL 435494, *4 (5th Cir. 2001). The judgment of

the district court is AFFIRMED.
exv10w12



 





Exhibit 10.12




SECOND AMENDMENT TO THE

CYBERONICS, INC. AMENDED AND RESTATED

1996 STOCK OPTION PLAN




     WHEREAS, there is reserved to the Board of Directors (“Board”) of
Cyberonics, Inc. in Section 14 of the Cyberonics, Inc. Amended and Restated
1996 Stock Option Plan (the “Plan”) the right to amend the Plan, subject to
certain restrictions set forth therein; and



     WHEREAS, the Board deems it advisable to amend the Plan in the manner
hereafter set forth;



     NOW, THEREFORE, Section 9(a) of the Plan is hereby amended effective as of
March 21, 2001, to read as follows:



     Without stockholder approval, (i) no Option shall be granted
with an exercise price per share that is less than 100% of the
Fair Market Value of a Share on the date of grant and (ii) neither
the Company, the Board nor the Committee shall institute the
Option Exchange Program or reduce the exercise price of any
outstanding Option; however, this provision shall not prevent
adjustments pursuant to Section 12(a).



     Except as amended and modified hereby, the Plan shall continue in full
force and effect and the Plan and this amendment shall be read, take and
construed as one and the same instrument.
Exhibit 32

Certification Pursuant to Rule 13a-14(b) or 15d-14(b) of the Securities andExchange Act of 1934

	The certification set forth below is being submitted in connection with the Annual Report onForm 10-K for the year ended December 31, 2005 (the "Report") for the purpose of complyingwith Rule 13a-14(b) or Rule 15d-14(b) of the Securities Act of 1934 (the "Exchange Act")and section 1350 of Chapter 63 of Title 18 of the United States Code. 

	Ann Murtlow, President and Chief Executive Officer and Frank P. Marino, Vice President andChief Financial Officer of IPALCO Enterprises, Inc. (IPALCO), each certifies that, to the best ofhis or her knowledge:

- the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act;and 
- the information contained in the Report fairly presents, in all material respects, the financialcondition and results of operations of IPALCO.
March 2 8 , 2013



### JUDGMENT 

## The Fourteenth Court of Appeals

ROBERT BITTINGER , Appellant

NO. 14

- 12

- 01080

- CV V.
WELLS FARGO BANK, AS TRUSTEE FOR THE CERT IFICATE HOLDERS OF SOUNDVIEW HOME LO AN TRUST 2007

- OPT1, ASSET BACKED CERTIFICATES SERIES 2007

- OPT1; AMERICAN HOME MORTGAGE SERVICING, INC., (AS HMI), SHAREHOLDERS J OHN DOES 1

- 499 OF

SOUNDVIEW HOME LOAN TRUST , Appellee s

________________________________ Today the Court heard its own motion to dismiss the appeal from the judgm ent signed by the court below on November 27, 2012. Having considered the motion and found it meritorious, we order the appeal DISMISSED

. We further order that all costs incurred by reason of this appeal be paid by appellant, Robert Bittinger.

We furt her order this decision certified below for observance.
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. NO. 35,374

5 JORDAN G.,

6 Child-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY

8 Marci E. Beyer, District Judge 

9 Hector H. Balderas, Attorney General

10 Santa Fe, NM 

11 for Appellee

12 Herman E. Ortiz

13 Mesilla Park, NM 

14 for Appellant

15 MEMORANDUM OPINION

16 WECHSLER, Judge.
2

1 {1} Summary affirmance was proposed for the reasons stated in the notice of

2 proposed summary disposition. No memorandum opposing summary affirmance has

3 been filed and the time for doing so has expired.

4 {2} Accordingly, we affirm for the reasons stated in our calendar notice.

5 {3} IT IS SO ORDERED.

6 __________________________________

7 JAMES J. WECHSLER, Judge

8 WE CONCUR:

9 _________________________________

10 MICHAEL E. VIGIL, Chief Judge

11 _________________________________

12 JONATHAN B. SUTIN, Judge
<PAGE>   1
                                                                     EXHIBIT 4.3

                                 CERTIFICATE OF
                     ARTICLES OF CORRECTION FILED TO CORRECT
                    CERTAIN ERRORS IN THE CERTIFICATE FIXING
                            RIGHTS AND PRIVILEGES OF
                         REDEEMABLE CONVERTIBLE STOCK OF
                              CONCOURSE CORPORATION

                  Concourse Corporation, a corporation organized and existing
under and by virtue of the laws of the State of Minnesota (the "Company"),

                  DOES HEREBY CERTIFY:

                  1.       The name of the corporation is Concourse Corporation.

                  2. That a Certificate Fixing the Rights and Privileges of
Redeemable Convertible Stock (the "Certificate of Designation") was filed by the
Company with the Secretary of State of Minnesota on September 29, 1998, and the
Certificate of Designation requires corrections as permitted by Section 5.16 of
the Minnesota Statutes.

                  3. The inaccuracies or defects of the Certificate of
Designation to be corrected are as follows:

(a) Section B(4)(c)(1) of the Certificate of Designation shall be corrected as
marked below by underlined text, so that the first sentence of such Section
(B)(4)(c)(1) of the Certificate of Designation shall thereafter read in its
entirety as follows:

                  "(1) Optional Conversion. Each share of Convertible Stock
shall initially be convertible at the option of the holder thereof into 21.75
shares of Common Stock of the Corporation, on the terms provided in Subsection
B.4(c) hereof."

(b) Section B(4)(c)(3) of the Certificate of Designation shall be corrected as
marked below by underlined text, so that the first paragraph of such Section
(B)(4)(c)(3) of the Certificate of Designation shall thereafter read in its
entirety as follows:

                  "(3) Adjustment. The number of shares of Common Stock issuable
in exchange for each share of 1990 Convertible Stock upon the exercise of these
conversion rights shall initially be equal to the product of (i) 21.75 times
(ii) a fraction the numerator of which is $0.84624 and the denominator of which
is the 1990 Conversion Price then in effect. The 1990 Conversion Price for the
1990 Convertible Stock shall initially be $0.84624 per share, but shall be
subject to adjustment from time to time as hereinafter provided. The number of
shares of Common Stock issuable in exchange for each share of 1993 Convertible
Stock upon the exercise of these conversion rights shall initially be equal to
the product of (i) 21.75 times (ii) a fraction the numerator of which is $1.25
and the denominator of which is the 1993 Conversion Price then in effect. The
1993 Conversion Price for the 1993 Convertible Stock shall initially be $1.25
per share, but shall be subject to adjustment from time to time as hereinafter
provided (the 1990 Conversion Price and the 1993 Conversion Price are referred
to collectively herein as the "Conversion Prices.")."
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 Bancorp Rhode Island, Inc.
(the "Company") on Form 10-Q for the period ending June 30, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned President and Chief Executive Officer hereby
certifies, pursuant to 18 U.S.C. section 1350, as adopted pursuant to
section 906 of the Sarbanes-Oxley Act of 2002, that:

      (a) 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 this 5th day of August, 2003.




                                                     /s/ Merrill W. Sherman
                                                     ----------------------
                                                         Merrill W. Sherman
                                                              President and
                                                    Chief Executive Officer


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


<PAGE>
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<PAGE>


                                                                    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

In connection with the Quarterly Report of Pure Resources, Inc. (the "Company")
on Form 10-Q for the period ending June 30, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, William K. White,
Vice President, Finance and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

     (1) The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
         and

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

Dated:  August 13, 2002                       /s/ William K. White
                                              ----------------------------------
                                              William K. White
                                              Vice President, Finance and Chief
                                              Financial Officer
EXHIBIT 32.1

                                  CERTIFICATION
  PURSUANT TO RULE 13A-14(B) AND SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                       (18 U.S.C. SECTION 1350(A) AND (B))


I,  Timothy  Rosen,  Chairman  of  the  Board  and  Chief  Executive  Officer of
VerticalBuyer,  Inc.  (the  "Company")  certify  that:

(1) the quarterly report on Form 10-QSB of the Company for the period ended June
30,  2004  (the  "Quarterly  Report")  fully  complies  with the requirements of
section  13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d));  and

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


July  27,  2004

                                                     /s/ Timothy  Rosen
                                                     ---------------------------
                                                     Timothy  Rosen
                                                     Chairman of the Board
                                                     and Chief Executive Officer



I,  Leslie  Kent, Chief Financial Officer of VerticalBuyer, Inc. (the "Company")
certify  that:

(1) the quarterly report on Form 10-QSB of the Company for the period ended June
30,  2004  (the  "Quarterly  Report")  fully  complies  with the requirements of
section  13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d));  and

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


Date:  July  27,  2004
                                                     /s/ Leslie  Kent
                                                     ---------------------------
                                                     Leslie  Kent
                                                     Chief  Financial  Officer


                                       27
<PAGE>
---

EXHIBIT 32.1 CERTIFICATION OFPRINCIPAL
EXECUTIVE OFFICER PURSUANT TO18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

The undersigned, Michael Hart, Chief Executive Officer of AMG
Oil Ltd. (the Company), hereby certifies, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to
his knowledge, the Quarterly Report on Form 10-QSB of AMG Oil Ltd. for the
period ended March 31, 2007 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
that the information contained in the Report on Form 10-QSB fairly presents in
all material respects the financial condition and results of operations of the
Company.

Date: May11, 2007

/s/Michael
Hart
Michael Hart, Chief Executive Officer

---
**Exhibit10.3**

 

January 27, 2003

 

 

Dr. KrishnanNandabalan

Vice President,Alliances

GenaissancePharmaceuticals, Inc.

5 Science Park

New Haven, CT06511

 

 

Dear Dr. Nandabalan,

 

Further to our recent discussions regarding the Agreement betweenPfizer Inc and Genaissance Pharmaceuticals, Inc. dated August 31, 2001 (“2001Agreement”); Pfizer Inc (“Pfizer”) and Genaissance Pharmaceuticals, Inc.(“Genaissance”) will amend the 2001 Agreement as follows:

 

Section 3 is replaced in its entirety with thefollowing text:

 

Section 3    Term:  The term of this Agreementis three (3) years from August 31, 2001.

 

All other terms and conditions of the 2001 Agreement shall remainunchanged and in full force.

 

Please have the appropriate official of Genaissance Pharmaceuticals,Inc. sign both copies of this Agreement and return one original to Kelly P.Longo at the above address.

 

 

Sincerely,
|                   /s/ Mark P. DellaPorta |
|---------------------------------------------------------------------------------------------------------------------|
| Mark P. DellaPorta                                                                                                  |
| Site Director                                                                                                       |
| Strategic Alliances                                                                                                 |

 

 

**Agreed:**

 

**GenaissancePharmaceuticals, Inc.**

 

 
| By: | /s/ Krishnan Nandabalan |
|-----|-------------------------|

 

 

Date: February 6, 2003

 

 

----