alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 99.5
                Auditors' Report for Certificate Series 1997 C-2

<PAGE>

                         INDEPENDENT ACCOUNTANT'S REPORT

To the Partners of CRIIMI MAE Services Limited Partnership:

We have examined management's assertion about CRIIMI MAE Services
Limited Partnership's compliance with the minimum servicing standards
identified in the Mortgage Bankers Association of America's Uniform
Single Attestation Program for Mortgage Bankers  (USAP) and that CRIIMI
MAE Services Limited Partnership had in effect a fidelity bond and
errors and omissions policy in the amount of $20 million as of and for
the year ended December 31, 1997 included in the accompanying
Management's Assertion.  Management is responsible for CRIIMI MAE
Services Limited Partnership's compliance with those minimum servicing
standards and for maintaining a fidelity bond and errors and omissions
policy. Our responsibility is to express an opinion on management's
assertion based on our examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly,
included examining, on a test basis, evidence about CRIIMI MAE Services
Limited Partnership's compliance with the minimum servicing standards
and performing such other procedures as we considered necessary in the
circumstances. We believe that our examination provides a reasonable
basis for our opinion. Our examination does not provide a legal
determination on CRIIMI MAE Services Limited Partnership's compliance
with the minimum servicing standards.

In our opinion, management's assertion that CRIIMI MAE Services Limited
Partnership complied with the aforementioned minimum servicing standards
and that CRIIMI MAE Services Limited Partnership had in effect a
fidelity bond and errors and omissions policy in the amount of $20
million as of and for the year ended December 31, 1997 is fairly stated,
in all material respects.

Washington, D.C.                                  /s/Arthur Andersen LLP
February 27, 1998
#### POSEY v. STATE.

No. 24613.

Court of Criminal Appeals of Texas.

Feb. 15, 1950.

Morriss, Morriss, Boatwright & Lewis, San Antonio, Will A. Morriss, Jr., San Antonio, for appellant.

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

BEAÜCPIÁMP, Judge.

Appellant was charged by complaint with a violation of Article 734b of Vernon’s Ann.Penal Code, which is in part as follows: '

“Section 1: ‘It shall be unlawful for any person to perform any of the operations of, or engage in the practice or occupation of,' a * * * cosmetologist * * '* unless such person shall have first obtained a certificate of registration, and/or license as provided under this Act

“Section 3(b)' ‘Any person who with hands or mechanical or electrical apparatus or appliances, or by use of cosmetological preparations, antiseptics, tonics, lotions, or creams, engages in or performs any one or combination of the following practices, to-wit: cleansing, beautifying, or any work of the scalp, face, neck, arms, .bust, or •upper part of the body, or manicuring the nails of any person, shall be construed to be practicing the occupation of a cosmetologist.’ ”

The complaint contains three counts, the language of each is practically identical and.neither alleges the acts performed or the persons upon which he practiced cosmetology. They merely plead conclusions. The evidence introduced names three different occasions and three different persons and, in each instance, it is said that he used a cream to remove the makeup on the face, then an oil, and that he massaged the muscles of the face. ■

It will not be necessary to discuss the defects in the complaint. Appellant • was not given notice of the acts charged against him, as required by Article 414, Vernon’s Ann.C.C.P. The question involved is thoroughly discussed in Blum-berg v. State, 144 Tex.Cr.R. 200, 161 S. W.2d 1082 and De Santiego v. State, 146 Tex.Cr.R. 394, 176 S.W.2d 175.

The judgment of the trial court is reversed and the prosecution is ordered dismissed.
#### TEAGUE v. STATE.

No. 25938.

Court of Criminal Appeals of Texas.

Oct. 22, 1952.

Rehearing Denied Dec. 10, 1952.

*277Shaver & Blanchard, H. J. Blanchard, Lubbock, for appellant.

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

BEAUCHAMP, Judge.

Appellant was assessed a penalty of four years in the penitentiary upon his conviction for murder without malice.

The appeal was originally filed in this court on June 5, 1952. We find a supplemental transcript filed on September 18, 1952, and another filed October 4, 1952. From these it develops that notice of appeal was given on May 2, 1952, and 109 days thereafter the statement of facts and bills of exception were filed with the clerk of the district court. This was 19 days after the time had expired for their filing. The statement of facts and bills of exception cannot be considered and nothing is presented in the transcript for our consideration.

The judgment of the trial court is affirmed.

On Appellant’s Motion for Rehearing.

DAVIDSON, Commissioner.

Appellant urges several grounds as to why the statement of facts should be considered notwithstanding the late filing. Among these are that appellant’s counsel forwarded the statement of facts to the district clerk, with a request that the approval signature of the judge and the state’s counsel be obtained; that when the clerk received the statement of facts, a file mark was placed thereon which was well within the ninety-day period required for filing it. The clerk made no effort, however, to secure the approval signatures, as requested, deeming such not to be within the performance of official duties of the office of district clerk.

The statement of facts was not approved by the district judge or state’s counsel until long after the expiration of the ninety-day period allowed for filing of statement of facts, at which time it was again filed by the clerk.

Until the statement of facts had been approved by the trial court or counsel for both the state and the appellant, it was not subject to be filed, and the first filing was therefore not effective.

Counsel for an appellant is bound to see that the statement of facts is properly approved and to follow it up to see that it is filed as required by law. When this duty is delegated to others, counsel and appellant are bound by any negligence or laches of such agents. Morris v. State, 115 Tex.Cr.R. 503, 28 S.W.2d 155; McHenry v. State, 141 Tex.Cr.R. 118, 147 S.W.2d 488.

We are unable to agree that this record warrants the consideration of the statement of facts not filed within the time allowed by law.

The motion for rehearing is overruled.

Opinion approved by the Court.
[ARTICLE] 5
[MULTIPLIER]   1,000
Part II.  Other information,   Item 6a.
                                                                   EXHIB
                              HELLO DIRECT, INC.
                      COMPUTATION OF NET INCOME PER SHARE
                     (In thousands, except per share data)
<TABLE>
<CAPTION>
                                         Three Months Ended   Nine Month
                                             September 30,       Septemb
                                        ------------------- ------------
                                        1997      1996      1997      19
                                        --------- --------- --------- --
<S>                                     <C>       <C>       <C>       <C
Net income                                  $510      $145    $1,180    

Weighted average common shares
   outstanding                             5,039     4,986     5,028    

  Common stock options, using treasury
   stock method when dilutive                 94        57        73    
                                        --------- --------- --------- --
Weighted average shares outstanding        5,133     5,043     5,101    
                                        ========= ========= ========= ==
Net income per share                       $0.10     $0.03     $0.23    
                                        ========= ========= ========= ==
</TABLE>
**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 Apollo Gold Corporation (the “Company”)
      on Form 10-Q for the quarter ended June 30, 2007, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), the undersigned
      hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 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/
      R.
      DAVID RUSSELL





R.
      David
      Russell


President
      and Chief Executive Officer


August
      14, 2007





/s/
      MELVYN WILLIAMS





Melvyn
      Williams


Chief
      Financial Officer and Senior Vice


President-Finance
      and Corporate Development


August
      14, 2007





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.
[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Notices]
[Page 65903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28078]


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

DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-NEW (National Survey of Veterans (NSV)]


Agency Information Collection Activities Under OMB Review

AGENCY: Office of Policy and Planning, Department of Veterans Affairs.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 
(44 U.S.C., 3501 et seq.), this notice announces that the Office of 
Policy and Planning (OPPA), Department of Veterans Affairs, has 
submitted the collection of information abstracted below to the Office 
of Management and Budget (OMB) for review and comment. The PRA 
submission describes the nature of the information collection and its 
expected cost and burden; it includes the actual data collection 
instrument.

DATES: Comments must be submitted on or before December 4, 2000.

FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise 
McLamb, Information Management Service (045A4), Department of Veterans 
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 273-8030 
or FAX (202) 273-5981. Please refer to ``National Survey of Veterans 
(NSV).''

SUPPLEMENTARY INFORMATION:   
    Title: National Survey of Veterans (NSV).
    Type of Review: New collection.
    Abstract: The NSV will be conducted in order to obtain current 
information relevant to the planning and budgeting of VA programs and 
services for veterans. The information collected from the telephone 
survey will also enable VA to study its role in the total use of 
benefits and services by veterans and provide current information about 
the characteristics of the veteran population. The survey will also 
provide information needed for research and policy analyses.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection of 
information was published on June 27, 2000 at page 39647.
    Affected Public: Individuals or households.
    Estimated Annual Burden: 11,667 hours.
    Estimated Annual Burden Per Respondent: 35 minutes.
    Frequency of Response: Voluntary.
    Estimated Number of Respondents: 20,000.
    Send comments and recommendations concerning any aspect of the 
information collection to VA's Desk Officer, OMB Human Resources and 
Housing Branch, New Executive Office Building, Room 10235, Washington, 
DC 20503 (202) 395-7316. Please refer to ``National Survey of Veterans 
(NSV).''

    Dated: September 22, 2000.

    By direction of the Acting Secretary.
Donald L. Neilson,
Director, Information Management Service.
[FR Doc. 00-28078 Filed 1-01-00; 8:45 am]
BILLING CODE 8320-01-P
<PAGE>

                                                                    Exhibit 12.1

                        COMMUNICATIONS INSTRUMENTS, INC.

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                             (Dollars In Thousands)
                                  (Unaudited)
 
<TABLE>
<CAPTION>
                                Year      Year      Year      Year      Year
                               Ended     Ended     Ended     Ended     Ended
                              12/31/94  12/31/95  12/31/96  12/31/97  12/31/98
                              --------  --------  --------  --------  --------
<S>                           <C>       <C>       <C>       <C>       <C>
Earnings (Loss) Before Taxes
 and Minority Interest....... $ 1,004   $ (2,498) $ 2,782   $ 6,938   $ 5,355
                              -------   --------  -------   -------   -------
Fixed Charges:
  Interest Charges...........   1,189      2,172    3,139     5,243    11,835
  Amortization of Financing
   Costs.....................      90        137      252       401       724
  Environmental Interest.....     --         --       147       119       113
  Estimated Interest Factor
   of Rental Expense.........      21         40      272       351       532
                              -------   --------  -------   -------   -------
Total Fixed Charges..........   1,300      2,349    3,810     6,114    13,204
                              -------   --------  -------   -------   -------
Total Earnings Available for
 Fixed Charges............... $ 2,304   $   (149) $ 6,592   $13,052   $18,559
                              =======   ========  =======   =======   =======
Ratio of Earnings to Fixed
 Charges.....................     1.8x       N/A      1.7x      2.1x      1.4x
</TABLE>
**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 Apollo Gold Corporation (the “Company”)
      on Form 10-Q for the quarter ended June 30, 2008, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), the undersigned
      hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 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/ *R.
      David Russell*


R.
        David
        Russell
 President
        and Chief Executive Officer
 August
        14, 2008






/s/ *Melvyn
      Williams*


Melvyn
        Williams
 Chief
        Financial Officer and Senior Vice
 President-Finance
        and Corporate Development
 August
        14, 2008




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.
#### John Howard PITTMAN, Appellant, v. The STATE of Texas, Appellee.

No. 27096.

Court of Criminal Appeals of Texas.

Oct. 27, 1954.

No attorney on appeal.

Wesley Dice, State’s Atty., Austin, for the State.

WOODLEY, Judge.

Appellant was jointly indicted with one Harold Gene Tisdale for the robbery with firearms of Jane Woods who was cashier at a drive-in theatre in Odessa. Upon a separate trial he was found guilty and assessed a term of five years in the penitentiary.

There are no bills of exception, formal or informal, and no brief has been filed in behalf of appellant.

The evidence shows that appellant and Tisdale went from Midland to Odessa and to the Twin-Vue drive-in theatre in appellant’s car, appellant driving.

While parked in the theatre, Tisdale exhibited a pistol to appellant and stated that he would “like to rob something”.

After telling appellant to leave the motor running, Tisdale got out. He was gone “about three minutes” and came running back to the car and said “Let’s hit ’em.”

Tisdale was identified as the party who robbed the cashier of the theatre.

Appellant drove away rapidly with Tis-dale in the seat beside him. As they started, Tisdale said that he had robbed the show.

Tisdale lost his billfold in the theatre and it was found there and offered in evidence at the trial. As they were driving away he informed appellant that he had dropped it, but appellant declined to go back and attempt to recover it.

Appellant and Tisdale were pursued as they drove at a high rate of speed and were stopped by officers shortly before they reached Midland.

A Luger pistol and $283 in currency was found under the seat of the car and between Tisdale’s legs. A part of a wrapper which had been around fifty $1 bills was afterward found in the car. The wrapper bore the inscription: “Twin Vue, J.W.”, which Jane Woods, cashier of the theatre-,- testified was her writing.

*956We find the evidence sufficient to show that appellant acted as a principal with Harold Gene Tisdale in the robbery, upon which theory the case was submitted to the jury.

The judgment is affirmed.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS
FOUND ON PAGES 4 AND 5 OF THE COMPANY'S FORM 10-QSB FOR THE THREE MONTHS
ENDED DECEMBER 31, 1996, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         754,303
<SECURITIES>                                 4,199,807
<RECEIVABLES>                                6,334,262
<ALLOWANCES>                                   140,000
<INVENTORY>                                  2,569,805
<CURRENT-ASSETS>                            13,535,314
<PP&E>                                         782,608
<DEPRECIATION>                                 272,954
<TOTAL-ASSETS>                              20,611,452
<CURRENT-LIABILITIES>                        4,894,645
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       107,550
<OTHER-SE>                                  15,609,257
<TOTAL-LIABILITY-AND-EQUITY>                20,611,452
<SALES>                                      8,379,933
<TOTAL-REVENUES>                             8,379,933
<CGS>                                        6,456,011
<TOTAL-COSTS>                                6,456,011
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (100,804)
<INCOME-PRETAX>                                586,349
<INCOME-TAX>                                  (13,779)
<INCOME-CONTINUING>                            600,128
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   600,128
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.06
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS INCLUDED IN THE COMPANY'S ANNUAL
REPORT AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONDENSED
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                          59,063
<SECURITIES>                                    89,381
<RECEIVABLES>                                   33,549
<ALLOWANCES>                                     1,613
<INVENTORY>                                          0
<CURRENT-ASSETS>                               192,967
<PP&E>                                          28,781
<DEPRECIATION>                                  14,761
<TOTAL-ASSETS>                                 217,177
<CURRENT-LIABILITIES>                           50,623
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     166,479
<TOTAL-LIABILITY-AND-EQUITY>                   217,177
<SALES>                                         23,249
<TOTAL-REVENUES>                                42,399
<CGS>                                              878
<TOTAL-COSTS>                                    8,591
<OTHER-EXPENSES>                                 9,214
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  17
<INCOME-PRETAX>                                  4,770
<INCOME-TAX>                                     1,574
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,196
<EPS-PRIMARY>                                     0.11
<EPS-DILUTED>                                     0.11
        

</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

STEPHEN ANTHONY WALKER,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 13

- 00239

- CR

Appeal from the

213th Judicial District Court

of Tarrant County, Texas

(TC# 1216371D)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 25TH DAY OF MARCH, 2015.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.
<PAGE>



                                                                    Exhibit 10.1

                      Compensation of Independent Directors

On March 2, 2006, the Board of Directors of Harris Preferred Capital Corporation
determined that, effective January 1, 2006, the annual compensation of
independent directors of Harris Preferred Capital Corporation is increased from
$10,000 to $12,000, and the fee to each independent director for each attendance
(in person or by telephone) at each meeting of the Board of Directors or the
audit committee is increased from $750 to $1,000.