alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This disposition is nonprecedential.



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

______________________

ROBERT WESLEY SMITH,

Petitioner

v.

GENERAL SERVICES ADM INISTRATION, Respondent

______________________

2020

- 1463

______________________

Petition for review of the Merit Systems Protection
Board in No. AT

- 0752

- 17

- 0470

- M

- 1.

______________________

JUDGMENT

______________________

J OHN T HOMAS H ARRINGTON , The Employment Law Group, PC, Washington, DC, argued for petitioner. Also represented by R OBERT S COTT O SWALD

.

C ORINNE A NNE N IOSI , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC argued for respondent. Also represented by
J EFFREY B. C LARK

, L ISA L EFANTE D ONAHUE

, R OBERT E DWARD K IRSCHMAN

, J R

.

______________________ Case: 20-1463 Document: 41 Page: 1 Filed: 03/11/2021T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (W ALL ACH

, T ARANTO

, and S TOLL

, Circuit Judges ).

AFFIRMED. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

March 11, 2021
Date /s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court Case: 20-1463 Document: 41 Page: 2 Filed: 03/11/2021
#### OLIVER v. COMMONWEALTH.

Court of Appeals of Kentucky.

Dec. 4, 1953.

Vernon Faulkner, S. M. Ward, Hazard, for appellant.

J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

STEWART, Justice.

The question raised on this appeal is whether there was such a fatal variance between the offense charged and the evidence introduced that appellant was entitled to an instruction to find him not guilty.

An indictment was returned at the November term, 1952, of the Perry Circuit Court, accusing appellant of the crime of maliciously striking and wounding another with a deadly weapon with intent to kill, a crime denounced by KRS 435.170(2). A demurrer to the indictment having been overruled, appellant was tried, found guilty and sentenced to serve two years in the penitentiary.

The ground urged for reversal is based upon the narrow contention that, whereas the indictment recites that the act was perpetrated with a deadly weapon, namely, a shotgun, the proof established the fact that a .22 caliber rifle was employed in the assault. As a consequence, appellant argues he was misled to his prejudice by the language of the indictment, because he claims it failed to impart to him knowledge of the particular offense charged and the manner of its commission.

In a case like the one before us the offense is the malicious wounding and striking of another with intent to kill and whether it is accomplished with a shotgun or a .22 caliber rifle, each being a deadly weapon when used as a club, it falls within the statute. The different forms in which the assault in question may have been done does not change the character of the act, so long as the instrument used is of a deadly nature. The crime the statute punishes is the malicious attempt to kill with a deadly weapon, and it does not follow that two offenses would be committed if more than one or a different weapon was used. Campbell v. Commonwealth, 295 Ky. 511, 174 S.W.2d 778; Greenwell v. Commonwealth, 125 Ky. 192, 100 S.W. 852. After all, the court in its instructions followed the evidence and instructed the jury to believe before it could convict that the assault was with a .22 caliber rifle. ,We fail to under*694stand how appellant could have been prejudiced under the circumstances.

McBride v. Commonwealth, 13 Bush 337, and Carter v. Commonwealth, 76 S.W. 337, 25 Ky.Law Rep. 688, relied upon by appellant as controlling, are not analogous to the instant situation. In each of these cases the accused was charged with stealing property alleged to belong to one person and on his trial it developed the property he had stolen was owned by and in the possession of another. Obviously, the variance between the indictment and the proof was fatal in the two cases just mentioned. In the case at bar, it was immaterial, as we have shown, that the indictment charged the use of one type of deadly weapon in the assault when in reality another kind was employed.

Wherefore, the judgment is affirmed.
Exhibit 32.1
 
 
 CERTIFICATION
 
 
 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)
 
 
 Pursuant to section 906 of the Sarbanes-Oxley Act of  2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the undersigned officer of Sterling Bancorp, a New York corporation (the "Company"), hereby certifies
that:
 
 The Quarterly Report on Form 10-Q for the three months ended June 30, 2009 (the "Report") of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities  Exchange Act of 1934 and information contained in the
Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 Dated:   August 7, 2009

/s/ Louis J. CappelliName:
Louis J. CappelliTitle:
Chairman and Chief Executive Officer
 
 
 The foregoing certification is  being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and is not being filed as part of the Report or as a separate disclosure document.







62
Exhibit 32.1



BOSTON LIFE SCIENCES, INC. AND SUBSIDIARIES



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 Boston Life Sciences, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2004 as filed with the
Securities and Exchange Commission (the Report), I, Marc E. Lanser, President and Chief Operating 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; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



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



/s/ MARC E. LANSERMarc E. LanserDirector, President and Chief Operating Officer




Date: August 13, 2004
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 Elizabeth Arden, Inc. (the "Company") on Form 10-Q for the period ended March 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, E. Scott Beattie, Chairman and Chief Executive Officer of the Company, and I, Stephen J. Smith, Executive Vice President 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 to the best of our knowledge:



(i)   The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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



|Date:  May 6, 2005 |  | /s/ E. Scott Beattie                                
|------------------ |  | ----------------------------------------------------
|                   |  |                                                     
|                   |  | E. Scott Beattie                                    
|                   |  | Chairman and Chief Executive Officer                
|                   |  |                                                     
|Date:  May 6, 2005 |  | /s/ Stephen J. Smith                                
|                   |  |                                                     
|                   |  | Stephen J. Smith                                    
|                   |  | Executive Vice President and Chief Financial Officer
|                   |  |                                                     

This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1923, as amended (the "Exchange Act").  Such Certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
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 Form 10-Q of Worldwide Biotech & Pharmaceutical Company
(the “Company”) on Form 10-Q for the quarter ending March 31, 2010, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Wenxia Guo, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and
belief:





(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.











/s/ Wenxia
Guo


Wenxia
Guo


Chief
Executive Officer


May 17,
2010
EXHIBIT
32.2





CERTIFICATION
OF PRINCIPAL FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO SECTION 906


OF
SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Hawk Systems, Inc. (the “Company”) on
Form 10-KA for the year ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, David
Coriaty, Designated Principal Financial Officer, certify to my knowledge and in
my capacity as a designated officer of the Company, 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, 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
      as of the dates and for the periods expressed in the
    Report.




/s/ David
      CoriatyDavid
      CoriatyDesignated
      Principal Financial OfficerDate:
      May 4, 2010




The
foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United
States Code) and is not being filed as part of the Report or as a separate
disclosure document.
– 28 –

EXHIBIT E

Case 6:20-cv-00487-ADA Document 44-5 Filed 12/01/20 Page 1 of 2
– 29 –

Case 6:20-cv-00487-ADA Document 44-5 Filed 12/01/20 Page 2 of 2
Served: May 2, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

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

ISLAND AIRLINES, LLC -----------------------------------------------------------

NOTICE OF REGISTRATION OF TRADE NAME

On April 27, 2012, Island Airlines, LLC (“IA”), a U.S. commuter air carrier,1 requested that the 

Department register the trade name “Ocean Wings Air Charter” for use in certain of its operations. 

Part 215 (14 CFR Part 215) of the Department’s regulations provides that any air carrier wishing to 

use an alternative trade name must first register that name with the Department. The rule further 

states that the Department may register such name after the air carrier gives notification to similarly 

named air carriers of the proposed use of the name. 

In support of its request, IA states that Coastal Wings, Inc. d/b/a Ocean Wings, an air taxi operator 

in Massachusetts, has given IA permission to use the requested trade name, and has voluntarily 

surrendered its Part 135 operating certificate issued by the Federal Aviation Administration

(“FAA”). 2

Since IA has complied with the requirements of Part 215, we acknowledge the registration of the 

trade name “Ocean Wings Air Charter” for use by IA.

Dated at Washington, D.C., May 2, 2012

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 

1 See Order 2010-2-12, issued on November 22, 2010.

2 The FAA states that Coastal Wings surrendered its Part 135 Operating Certificate on April 23, 2012. 
Attachment A 

SERVICE LIST FOR ISLAND AIRLINES, LLC.

 MR GARY B. GAROFALO

 MR VICTOR H. SMITH

 GAROFALO GOERLICH HAINBACH

 1200 NEW HAMPSHIRE AVENUE NW

 WASHINGTON DC 20036 

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR STEPHEN K BROWN

FEDERAL AVIATION ADMINISTRATION

ONE CRANBERRY HILL SUITE 402

LEXINGTON MA 02421-7394

MR WILLIAM J WEBER

CERTIFICATION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

 MR PETER LYNCH 

 ASST CHIEF COUNSEL FOR ENFORCEMENT

 FAA 

 800 INDEPENDENCE AVE SW

 WASHINGTON DC 20591
Subject: ACTION: Notice of Trade Name Registration – Island 

Airlines, LLC.

Date: 

From: Todd M. Homan

 Office of Aviation Analysis

Reply to

Attn. of:

Katy O’Toole

X-56, x69998

To: Renee Wright

 Program Manager, Docket Operations

Please issue the attached notice announcing the registration of the trade name “Ocean Wings Air 

Charter” by Island Airlines, LLC. My staff will serve the notice.

Attachment
UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL FROM CASE PAGE 1 

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

NEONODE SMARTPHONE LLC,

Plaintiff,

v. 

SAMSUNG ELECTRONICS CO. 

LTD. AND SAMSUNG 

ELECTRONICS AMERICA, INC., 

Defendants. 

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

CIVIL ACTION 6:20-cv-00507-ADA 

UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL FROM CASE

TO THE HONORABLE COURT:

Plaintiff Neonode Smartphone LLC hereby moves to withdraw the law firm Hagens 

Berman Sobol Shapiro LLP as counsel of record for Plaintiff. 

Lawyers with Graves & Shaw LLP and Steckler Wayne Cherry & Love, PLLC will remain 

as counsel for Plaintiff. 

This withdrawal will not cause a continuance or delay and will not prejudice Samsung or 

any other party to this action. 

Defendants are not opposed to this motion. 

Case 6:20-cv-00507-ADA Document 61 Filed 06/16/22 Page 1 of 2
UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL FROM CASE PAGE 2

Respectfully submitted,

By: /s/ Mark D. Siegmund

Philip J. Graves (Pro Hac Vice)

CA State Bar No. 153441

Greer N. Shaw (Pro Hac Vice)

CA State Bar No. 197960

GRAVES & SHAW LLP

355 S. Grand Ave., Suite 2450

Los Angeles, CA 90071

Telephone: (213) 204-5101

Email: pgraves@gravesshaw.com

Email: gshaw@gravesshaw.com

STECKLER WAYNE CHERRY & LOVE, PLLC 

8416 Old McGregor Road

Waco, Texas 76712

Telephone: (254) 651-3690

Facsimile: (254) 651-3689

CRAIG D. CHERRY

State Bar No. 24012419

Email: craig@swclaw.com

MARK D. SIEGMUND

State Bar No. 24117055

Email: mark@swclaw.com

COUNSEL FOR PLAINTIFF NEONODE 

SMARTPHONE LLC

CERTIFICATE OF SERVICE

A true and correct copy of the foregoing instrument was served or delivered electronically 

via U.S. District Court [LIVE]- Document Filing System, to all counsel of record, on this 16th

day of June 2022.

/s/ Mark D. Siegmund

MARK D. SIEGMUND

Case 6:20-cv-00507-ADA Document 61 Filed 06/16/22 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE>                                             5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF
OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>  1000
       
<S>                                                 <C>

<PERIOD-TYPE>                                     9-MOS
<FISCAL-YEAR-END>                           DEC-31-1997
<PERIOD-END>                                SEP-30-1997
<CASH>                                            58459
<SECURITIES>                                      34644
<RECEIVABLES>                                    143359
<ALLOWANCES>                                       4114
<INVENTORY>                                           0
<CURRENT-ASSETS>                                 398107
<PP&E>                                           292110
<DEPRECIATION>                                   161691
<TOTAL-ASSETS>                                   716207
<CURRENT-LIABILITIES>                            287327
<BONDS>                                           23042
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<COMMON>                                          17731
<OTHER-SE>                                       318573
<TOTAL-LIABILITY-AND-EQUITY>                     716207
<SALES>                                               0
<TOTAL-REVENUES>                                1003999
<CGS>                                                 0
<TOTAL-COSTS>                                    968309
<OTHER-EXPENSES>                                      0
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                 1302
<INCOME-PRETAX>                                   37324
<INCOME-TAX>                                      12889
<INCOME-CONTINUING>                               24435
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                      24435
<EPS-PRIMARY>                                      1.88
<EPS-DILUTED>                                      1.88
        

</TABLE>
FLEET

12 NOVEMBER, 1997

MS. SUSAN SUNDELL
SENIOR VICE PRESIDENT
STOCKER & YALE, INC.
32 HAMPSHIRE ROAD
SALEM, NH 03079

DEAR MS. SUNDELL:

Reference is made to the CREDIT AGREEMENT dated as of March 6, 1995 (as
amended, the "Agreement") between Stocker & Yale, Inc., a Massachusetts
corporation (the "Company"), and Fleet National Bank, successor by 
merger to Fleet National Bank of Massachusetts, formerly known as Shawmut
Bank, N.A. (the "Bank").  All capitalized terms used and not defined
herein shall have the meanings ascribed to such terms in the Agreement.

Section 1.  Waiver - The Bank confirms waiver of the Event of Default that
has resulted from non-compliance with Subsections 6.01(m) and 6.01(n) of the
Agreement.  This waiver is effective as of September 30, 1997; provided
however, that such waiver is effective only for the period ended September
30, 1997.

Section 2. Amendment of Subsection 6.01 (p) of the Agreement - Subsection
6.01 (p) of the Agreement is hereby amended to read as follows:

     (p)  The Company and its Subsidiaries will not make Consolidated Capital
          Expenditures aggregating in excess of $500,000 during any fiscal
          year; provided, however, that Consolidated Capital Expenditures
          may not aggregate in excess of $1,500,000 for the fiscal year
          ended December 31, 1997.

Section 3. Payment for Waiver and Amendment - The Company agrees to pay to
the Bank a fee of $5,000 plus expenses; including but not limited to 
reasonable attorney's fees, for this Waiver and Amendment.

Except as amended by this Waiver and Amendment, all other provisions, terms
and conditions of the Agreement shall continue to be effective.  This 
Waiver and Amendment shall not be deemed a waiver of any defaults that 
exist under the Agreement other than those described in Section 1 hereof.

Very truly yours,

FLEET NATIONAL BANK

By:  /s/ H. Ellery Perkinson
     -----------------------
Its:     Assistant Vice President

Agreed:

STOCKER & YALE, INC.

By:  /s/ Susan A. H. Sundell
     -----------------------
Its:  Senior Vice President-Finance, Treasurer
EXHIBIT 31.b
CERTIFICATIONS
I, Roger U. Wellington, Jr., certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of The L.S. Starrett
Company;

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 officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) 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) [Intentionally Omitted]
(c) 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
(d) 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 report;
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 the 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.


Date:  May 7, 2004                     /s/  Roger U. Wellington, Jr.
                                        Roger U. Wellington, Jr.
                                        Chief Financial Officer