alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. § 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned President and Chief
Executive Officer and Chief Financial Officer of the Company certifies that, to his knowledge:



| | 1) | the Companys Quarterly Report on Form 10-QSB for the quarter ended June 24, 2006 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 Companys Quarterly Report on Form 10-QSB for the quarter ended June 24, 2006 fairly presents, in all material respects, the financial
condition and results of operations of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                    |  |                                      
|----------------------------------- |  | -------------------------------------
|/s/ Carl H. Guild, Jr.              |  | /s/ Michael P. Malone                
|Carl H. Guild, Jr.                  |  | Michael P. Malone                    
|President & Chief Executive Officer |  | Treasurer and Chief Financial Officer
|                                    | 
|Date: August 4, 2006                |  | Date: August 4, 2006
Untitled Page


		

			

			EXHIBIT 10.3

			

			

			

		

		

		

		

		

			

			

			

		

		

		

		

		

			

			

		

		
			Article 2

					Purchase and Sale

			
				2.01    Equipment - Subject to the terms and conditions of this Agreement and based on the warranties and representations therein contained; the Vendor agrees to sell the equipment to the Purchaser as and from the Effective Time, including:

				

				
					(a)     All equipment, furniture, and furnishings owned by the Vendor and more specifically described on the list provided by the vendor and attached hereto as Schedule "A".

				

			

			In WITNESS WHEREOF the vendor has executed these presents as of the day and year first above written.

					

					

				SIGNED, SEALED and DELIVERED in the      }
Presence of :                                                       }

				                                                                          }

				                                                                          }

				   /s/ Ronald Dubois                                            }              /s/ Farideh Jafari                                            

				Signature                                                            }          FARIDEH JAFARI

				                                                                          }          VENDOR

				                                                                          }

				       RONALD DUBOIS                                   }

				Name                                                                 }

				                                                                          }

				       VANCOUVER, BOAT CAPTAIN            }

				Address and Occupation

				

				

				

				SIGNED, SEALED and DELIVERED in the      }
Presence of :                                                       }

				                                                                          }

				                                                                          }

				   /s/ Christine Morgan                                        }              /s/ Eric Anderson                                          

				Signature                                                            }          ERIC ANDERSON

				                                                                          }          PURCHASER

				                                                                          }

				       CHRISTINE MORGAN                            }

				Name                                                                 }

				                                                                          }

				       VANCOUVER, ESTHETICIAN               }

				Address and Occupation
#### TEXAS EMPLOYERS INS. ASS’N v. KING.

No. 15068.

Court of Civil Appeals of Texas. Fort Worth.

Oct. 7, 1949.

Holloway, Crowley & Hudson and Edgar H. Keltner, Jr., all of Fort Worth, for appellant.

Walter A. Nelson and R. Price Howard, both of Fort Worth, for appellee.

McDONALD, Chief Justice.

Appellee brought this suit to set aside a settlement of a claim for workmen’s compensation. Appellant, the insurer, filed a plea of privilege, which appellee controverted on the ground that appellant had committed a fraud in the county where the suit was brought.

Appellee testified in substance that at the time the settlement was made the agent of the insurer told appellee that he was suffering from illness and not from an accidental injury and that he was not entitled to compensation, but that the insurer would pay him $150 if he would sign the settlement agreement.

Although appellee testified that the agent told him that he was suffering from illness, appellee also testified in detail about receiving an injury at a specified time, that he immediately suffered pain and continued to suffer pain both night and day thereafter, that he was suffering pain at the time of trial, that he spent five days in the hospital, that he was in excellent physical condition before the accident but had not been able to work since, that he knew when he made the settlement that his trouble was caused by the accidental injury, and that he knew at the time the settlement was made that what the insurer’s agent told him was untrue.

The burden was on appellee to plead and prove his charge of actionable fraud. Compton v. Elliott, 126 Tex. 232, 88 S.W.2d 91. “It is fundamental that *720one who seeks to rescind an agreement because of fraudulent representations must show that he. relied upon such representations and that same 'induced him to execute the agreement.” Traders & General Insurance Co. v. Bailey, 127 Tex. 322, 94 S.W.2d 134, 136. The order of the trial court overruling the plea of privilege implies a finding of reliance by appellee on the false representations, but the evidence shows without dispute that appellee did not rely on the statements of the agent to the effect that appellee was suffering only from illness. Thus, an essential element of fraud is missing.

The judgment of the trial court is reversed and the cause is ordered transferred to the proper court in Dallas County.
**Exhibit 99.4**

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

 

I, Michael J. Post, President,Treasurer and Chief Executive Officer of Gasel Transportation Lines Inc. (the“Registrant”), do hereby certify in accordance with 18 U.S.C. 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on myknowledge:

 

1.           TheQuarterly Report on Form 10-QSB of the Registrant for the period ended March31, 2003 (the “Report”) fully complies with the requirements of section 13(a)of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and

 

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

 
| Dated: May  19, 2003 | By:                                                 | /s/ Michael  J. Post |   |
|----------------------|-----------------------------------------------------|---------------------------|--------|
|                 | Michael J.  Post                                    |
|                 | President,  Treasurer & Chief Executive Officer |

 

----
#### COPELAND v. STATE.

No. 25860.

Court of Criminal Appeals of Texas.

May 14, 1952.

No attorney for appellant.

George P. Blackburn, State’s Atty., Austin, for the State.

WOODLEY, Commissioner.

The conviction is for driving an automobile on a public highway while intoxicated, the punishment assessed by the jury being a fine of $100 and 30 days in jail.

There are no bills of exception.

The state proved by the testimony of two officers that appellant was drunk and that he was driving an automobile on a public highway when their attention was called to his manner of driving by a taxicab driver. The officers testified that when arrested, appellant fell from, the car. The taxicab driver also testified that appellant was intoxicated.

Appellant testified that he was not intoxicated and had not been drinking on the occasion of his arrest.

The jury accepted the state’s version and the testimony supports their verdict.'

The judgment is affirmed.

Opinion approved by the court.
#### SPAIN et al. v. KURTH et al.

No. 4009.

Court of Civil Appeals of Texas. Beaumont.

May 21, 1942.

Dallas Ivey, of Center, for appellants.

K. W. Denman, of Lufkin, for appellees.

O’QUINN, Justice.

Suit by appellees against appellants, in trespass to try title to certain land in Nacogdoches County, Texas, a portion of the R. E. Lindsey 620-acre survey.

Trial was to the court without a jury, and judgment was for appellees for the title and possession of the land involved in the suit. Appellants appealed that judgment to this court. The appeal was undertaken on affidavit of inability to make appeal bond. Appellees, in due time, filed motion to dismiss the appeal.

On submission, appellees insist that their motion to dismiss be considered and sustained, for the reason, among other grounds urged, that no appeal bond was filed, and the affidavit of inability to make appeal bond was not filed within the time required by law. Rule 356, Vernon’s Texas Rules of Civil Procedure.

The case was tried in the district court of Nacogdoches County, Texas, and judgment rendered November 7, 1941. The court adjourned for the term on November 8, 1941. No motion for a new trial was filed. The affidavit of inability to make bond for costs was filed December 16, 1941, thirty-nine days after the judgment was rendered and entered of record in the minutes of the court. Rule 356, Texas Rules of Civil Procedure, requires that in case of appeal by affidavit of inability to make appeal bond, the affidavit “shall be filed not more than twenty days after such judgment or order.” It is seen that under the rule the time for filing the affidavit was not complied with. Frier v. Krohn, Tex.Civ.App., 104 S.W.2d 537. Therefore the motion to dismiss must be sustained and it is so ordered. Appeal dismissed.
* 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

September 8, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50144

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAVIER DAVID SAENZ-LUNA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-1698

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

Before KING, GARWOOD, and JOLLY, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Javier David

Saenz-Luna raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235 (1998), which held

that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a

separate criminal offense. The Government’s motion for summary

affirmance is GRANTED, and the judgment of the district court is

AFFIRMED.
Shelly Stephenson

Texas CSR No. 5367

750 North Sixth Street

Silsbee, Texas 77656

409-386-0881

December 13, 2017 

Ms. Carol Anne Harley 

Clerk of the Court 

Ninth Court of Appeals 

1001 Pearl Street, Suite 330 

Beaumont, Texas 77701 

RE: Case No. 09-17-00302-CR

 Gary Rene Smith Jr. vs. The State of Texas

 Trial Court Cause No. 12880JD

 The State of Texas vs. Gary Rene Smith Jr.

 

Dear Ms. Harley, 

 This is to inform the Court of Appeals that the Defendant’s Motion for a Free Reporter’s Record on 

Appeal has been filed with the district clerk’s office and approved by the court. Therefore, this is a 

request for an extension of time to file the Reporter’s Record in the above numbered and style case. 

Sincerely, 

Shelly Stephenson, CSR

 FILED IN 9th COURT OF APPEALS BEAUMONT, TEXAS 12/13/2017 2:42:45 PM CAROL ANNE HARLEY Clerk
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
S.D. Warren Company's (the "Company") condensed consolidated statements of
operations for the quarter ended March 29, 2000 and Balance sheet as of March
29, 2000 found on pages 5 and 6 respectively, of the Company's Quarterly Report
on Form 10 Q and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          APR-27-2000
<PERIOD-START>                             DEC-30-1999
<PERIOD-END>                               MAR-29-2000
<CASH>                                          67,300
<SECURITIES>                                         0
<RECEIVABLES>                                   57,600
<ALLOWANCES>                                     2,500
<INVENTORY>                                    204,900
<CURRENT-ASSETS>                               373,100
<PP&E>                                       1,364,500
<DEPRECIATION>                                 407,900
<TOTAL-ASSETS>                               1,454,800
<CURRENT-LIABILITIES>                          260,000
<BONDS>                                        517,200
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     321,400
<TOTAL-LIABILITY-AND-EQUITY>                 1,454,800
<SALES>                                        749,100
<TOTAL-REVENUES>                               749,100
<CGS>                                          590,500
<TOTAL-COSTS>                                  667,700
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              32,200
<INCOME-PRETAX>                                 53,200
<INCOME-TAX>                                    21,200
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (10,600)
<CHANGES>                                            0
<NET-INCOME>                                    21,400
<EPS-BASIC>                                       0.32
<EPS-DILUTED>                                     0.23


</TABLE>
Exhibit 10.4

                 [LETTERHEAD OF STORYFIRST COMMUNICATIONS, INC.]


John T. Healy                                                  August 10, 2004
c/o The H.A.M. Media Group, LLC
305 Madison Avenue
Suite 3016
New York, NY 10017
USA


Dear Mr. Healy:

      Reference is made to the Stock Option Agreement dated January 1, 2003
between StoryFirst Communications, Inc. (the "Company") and John T. Healy (the
"Option"). Further reference is made to the Amended and Restated Consulting
Agreement dated July 1, 2000 (the "Consulting Agreement") between the Company
and The H.A.M. Media Group, LLC ("HMG"). Pursuant to Section 3.4 of the
Consulting Agreement, options were to be granted to HMG, an entity affiliated
with Mr. Healy. When the Option was granted it was erroneously granted n the
name of Mr. Healy instead of HMG.

      To correct this error, Section 1(o) of the Option is hereby amended by
deleting such subsection in its entirety and replacing it with the following:

            "(o)  Optionee means The H.A.M. Media Group, LLC.

Further, Section 7(a) of the Option is hereby amended by deleting it in its
entirety and replacing it with the following:

            "(a)  Should John T. Healy die while the Option is outstanding, the
Option shall lapse and shall cease to be outstanding six months following Mr.
Healy's death, but in no event shall the Option be exercisable at any time after
the Expiration Date.

      Please acknowledge your acceptance, and HMG's acceptance, of this
amendment by countersigning this letter below and retuning a countersigned copy
of this letter to me by fax on +7 095 785 6349.

                                     STORYFIRST COMMUNICATIONS, INC.


                                     By: /s/ L/ Tate Fite
                                         -------------------------------
                                             L. Tate Fite
                                             Chief Financial Officer




Acknowledged and agreed:


        /s/ John T. Healy
        ---------------------------------
        John T. Healy

Date:   August 10, 2004
        ---------------------------------


THE H.A.M. MEDIA GROUP, LLC


By:     /s/ John T. Healy
        ---------------------------------

Name:   John T. Healy
        ---------------------------------


Title:  Principal Director/Consultant
        ---------------------------------





Date:   August 10, 2004
        ---------------------------------
<PAGE>
                                                                   EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


     We consent to the incorporation by reference in the Registration Statements
and related prospectuses (Forms S-3 No. 333-91823 (post-effective amendment #1),
No. 333-95357 (post-effective amendment #2), No. 333-37978 (post-effective
amendment #2, No. 333-48272 (amendment #1), No. 333-48486, No. 333-48536
(amendment #1), No. 333-50208 and No. 333-53694 (amendment #1)) of Terayon
Communication Systems, Inc., (Forms S-8 No. 333-93779 and No. 333-53788)
pertaining to the 1999 Non-Officer Equity Incentive Plan of Terayon
Communication Systems, Inc., (Form S-8 No. 333-66139) pertaining to the 1995
Stock Option Plan, the 1997 Equity Incentive Plan, the 1998 Non-Employee
Directors' Stock Option Plan, the 1998 Employee Stock Purchase Plan and Non-Plan
Option Grants, (Forms S-8 No. 333-44770, No. 333-47154 and No. 333-61050)
pertaining to the 1999 Non-Officer Equity Incentive Plan and the 1997 Equity
Incentive Plan, (Form S-8 No. 333-48488) pertaining to the Mainsail Networks,
Inc. 1997 Stock Option Plan, and (Form S-8 No. 333-53778) pertaining to the 2000
TrueChat, Inc. Equity Incentive Plan of Terayon Communication Systems, Inc. of
our report dated January 28, 2002, with respect to the consolidated financial
statements and schedule of Terayon Communication Systems, Inc. included in the
Annual Report (Form 10-K) for the year ended December 31, 2001.



                                   /s/ Ernst & Young LLP

San Jose, California
March 28, 2002
### THE THIRTEENTH COURT OF APPEALS

13

- 18

- 00242

- CR
Lawrence Benny Brown Jr.

v. The State of Texas

On a ppeal from the 24th District Court of Victoria County , Texas Trial Cause No. 09

- 12

- 24 943

- A

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having consider ed this cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. August 22 , 2019
<PAGE>

                                                                   Exhibit 32.01

                            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 Viseon, Inc. (the "Company")
on Form 10-QSB for the quarter ended September 30, 2003 as filed with the
Securities and Exchange Commission on August 13, 2004 ("Report"), each of the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that to knowledge:

         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.

Dated: August 13, 2004

                                             /s/ John C. Harris
                                             -----------------------------------
                                             John C. Harris
                                             Chief Executive Officer
                                             Chief Financial Officer
[Federal Register Volume 65, Number 211 (Tuesday, October 31, 2000)]
[Notices]
[Page 64937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27857]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-60-000]


Natural Gas Pipeline Company of America; Notice of Proposed 
Changes in FERC Gas Tariff

October 25, 2000.
    Take notice that on October 20, 2000, Natural Gas Pipeline Company 
of America (Natural) tendered for filing to be part of its FERC Gas 
Tariff, Sixth Revised Volume No. 1, the tariff sheets listed on 
Appendix A to the filing, to be effective November 20, 2000.
    Natural states that these sheets were filed is to make several 
minor revisions to its Tariff, including changes to the General Terms 
and Conditions and to Natural's Rate Schedules IBS, FFTS, FRSS, NSS and 
DSS. These changes correct several provisions of Natural's Tariff and 
clarify others, conform various provisions of Natural's Tariff to each 
other or incorporate current Commission policy.
    Natural requests waiver of the Commission's Regulations to the 
extent necessary to permit the tariff sheets submitted to become 
effective November 20, 2000.
    Natural states that copies of the filing have been mailed to its 
customers and interested state regulatory agencies.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Sections 385.214 or 385.211 of the Commission's 
Rules and Regulations. All such motions or protests must be filed in 
accordance with Section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room. This filing may be viewed on the web at http;//
www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 00-27857 Filed 10-30-00; 8:45 am]
BILLING CODE 6717-01-M
#### William R. McDONALD, Appellant, v. STATE, Appellee.

No. 24452.

Court of Criminal Appeals of Texas.

Nov. 2, 1949.

No attorney for appellant.

A. C. Winborn, Cr. Dist. Atty., Houston, E. T. Branch, Asst. Crim. Dist. Atty., Houston, George P. Blackburn, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Upon trial under indictment charging appellant with assault with intent to murder one C. R. Valentine appellant was convicted of aggravated assault, and his punishment assessed at a fine of $1,000.00 and imprisonment in the county jail for six months.

Appeal was perfected to this court. Appellant now advises this court by his affidavit that he does not desire to prosecute his appeal, and at his request same is dismissed.