alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SCHENK v. PLUMMER, Warden.

No. 9481.

Circuit Court of Appeals, Ninth Circuit

April 19, 1940.

Robert Schenk, in pro. per.

Earl Warren, Atty. Gen., of California, and J. Q. Brown, Deputy Atty. Gen. of California, for appellees.

Before WILBUR, DENMAN, and MATTHEWS, Circuit Judges.

WILBUR, Circuit Judge.

Petitioner, claiming he is- before this court because he has been allowed by the tnal court to proceed on appeal in forma pauperis, moves this court for an order appointing counsel to represent him on appeal. He is held under process of state court. The question raised involves an interpretation of the applicable state law.

No certificate of probable cause for the appeal has been obtained as required by 28 U.S.C.A. § 466. Such a certificate was essential to the jurisdiction of this court on appeal before the new rules were adopted. Rules of Civil Procedure in' the District Court, effective September 16, 1938, 28 U.S.C.A. following section 723c. Genna v. Frazier, 5 Cir., 24 F.2d 706; United States ex rel. Kreuter v. Baldwin, 7 Cir., 49 F.2d 262; Wilson v. Lanagan, 79 F.2d 702, decided by the Circuit Court of Appeals for the First Circuit; Ex parte Cowen, 9 Cir., 98 F.2d 530; Ex parte Deatherage, 9 Cir., 98 F.2d 793; Ex parte Cowen, on rehearing, 9 Cir., 98 F.2d 1019, by the Senior Circuit Judge of this circuk .

If W0 assume ^ the certificate of probable cause required by' 28 U.S.C.A. § 466 is nQ 1q required, it is stiU true that there is no merit in the appeal herein because petitioner>s remedy lies in an appeal tQ the g e Court from the deci. sions Qf the state court (see cases dted supra). Under these circumstances, even .f we had authority t0 appoint an attorney on an appeai 0f this nature, the application should be denie(i 2g U-S>CA_ § 83S. - s
EXHIBIT 23.2

Consent of the Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the
Registration Statements (Form S-8 Nos. 33-43001, 33-49234, 333-27613, 333-31464, 333-31379, 333-61002, 333-95725 and 333-125062 and Form S-3 No. 333-101514) of ESB Financial Corporation, of our report dated March 8, 2005, with respect to
the consolidated financial statements of ESB Financial Corporation and subsidiaries incorporated herein by reference.



|                        
|------------------------
|/s/ Ernst & Young LLP   
|Pittsburgh, Pennsylvania
|March 10, 2006
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#### MUNOZ v. STATE.

No. 16511.

Court of Criminal Appeals of Texas.

March 7, 1934.

J. E, Greer, of San Antonio, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

MORROW, Presiding Judge.

Aggravated assault is the offense; penalty assessed at confinement in the county jail for thirty days.

It appears from the transcript that appellant was charged by complaint and information with ap assault upon Carmen Huron, a female.

Appellant waived a jury and submitted the issues to the court, who rendered a judgment *120of guilty and assessed the penalty as above stated.

In the motion for new trial, which was overruled, the appellant claims that he first employed attorneys, hut upon their advice that the case would probably not be tried, he discharged them. When the case was called for trial on the 23d day of August, 1933, he was unprepared and sought a postponement, which was denied. In the motion for new trial there is a statement of considerable length in which appellant undertook to set up the facts upon which he relied for a new trial. The purport of his motion was to deny that he committed any assault and claimed that Carmen Huron came to his house in anger and assaulted him, and that he did nothing more than to repel her attack; that he used no unnecessary force in doing so. The court heard the evidence and overruled the motion. The evidence heard upon the trial would control this court, if available, as the statement of facts presents the evidence which was actually heard. However, the statement of facts was filed ninety-two days after the motion for new trial was overruled and notice of appeal was given. The statute, article 760, C. C. P., as amended (Vernon’s Ann. C. C. R. art. 760), forbids the consideration of the statement of facts under the circumstances. Appellant was allowed ninety days within which to prepare and file his statement of facts and bills of exception. The statute authorizes no greater allowance of time. See article 760, supra.

As the matter appears before this court, nothing is presented which would authorize a disturbance of the judgment. It is therefore affirmed.
EXHIBIT 32

D&E Communications, 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 on Form 10-Q for the period ended September 30, 2006 of D&E Communications, Inc. (the
Company) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James W. Morozzi, 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:

(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/ James W. Morozzi
|Name:                |  | James W. Morozzi       
|Title:               |  | Chief Executive Officer
|Date:                |  | November 8, 2006       



1



---

D&E Communications, 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 on Form 10-Q
for the period ended September 30, 2006 of D&E Communications, Inc. (the Company) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas E. Morell, 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; 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/ Thomas E. Morell
|Name:                |  | Thomas E. Morell       
|Title:               |  | Chief Financial Officer
|Date:                |  | November 8, 2006       



2
Exhibit 31.1
 CERTIFICATION
  1.
 2.
 3.
 4.
 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)
    
    Designed such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted accounting
principles;
 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
reporting; and
 5.
 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.
 Dated: May 4, 2010
    /s/ N. Anthony ColesN. Anthony ColesPresident and Chief Executive Officer
(Principal Executive Officer) 46
##### 



Exhibit 32.1

(Certification Required by 18 U.S.C. Section 1350
(as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)

I, Roy T. Rimmer, Jr. as Chief Executive Officer of TIMCO Aviation Services,
Inc. (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 my
knowledge:



|1. |  | the accompanying Quarterly Report on Form 10-Q of the Company for the
quarterly period ended September 30, 2003 (the Report), filed with the
U.S. Securities and Exchange Commission, 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.                                                                                                                                                          

|                        |  |                       
|----------------------- |  | ----------------------
|Date: November 14, 2003 |  | /s/ Roy T. Rimmer, Jr.
|                        |  |                       
|                        |  | Roy T. Rimmer, Jr.    
|                        |  | Chief Executive Office
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> US
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                             103
<SECURITIES>                                         0
<RECEIVABLES>                                  340,851
<ALLOWANCES>                                    70,122
<INVENTORY>                                          0
<CURRENT-ASSETS>                               411,076
<PP&E>                                         178,139
<DEPRECIATION>                                  19,870
<TOTAL-ASSETS>                                 592,161
<CURRENT-LIABILITIES>                          142,109
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       369,867
<OTHER-SE>                                      80,185
<TOTAL-LIABILITY-AND-EQUITY>                   592,161
<SALES>                                      2,090,115
<TOTAL-REVENUES>                                37,122
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,549,987
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              22,226
<INCOME-PRETAX>                               (519,220)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (519,220)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (519,220)
<EPS-PRIMARY>                                    (0.14)
<EPS-DILUTED>                                    (0.14)
        

</TABLE>
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 Orion Acquisition Corp. II (the
"Company") on Form 10-QSB for the period ended September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), each
of the undersigned, in the capacities and on the dates indicated below, 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 the best of his 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 operation of the Company.



November 13, 2002             By: /s/ Anthony DiGiandomenico
                                 ---------------------------
                                 Anthony DiGiandomenico
                                 Chief Financial Officer
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 188 Engrossed Amendment House (EAH)]

<DOC>
                In the House of Representatives, U. S.,

                                                         March 6, 2018.
    Resolved, That the bill from the Senate (S. 188) entitled ``An Act 
to prohibit the use of Federal funds for the costs of painting 
portraits of officers and employees of the Federal Government.'', do 
pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Government-funded Oil-
painting Act'' or the ``EGO Act''.

SEC. 2. PROHIBITION ON USE OF FUNDS FOR PORTRAITS.

    (a) In General.--Subchapter III of chapter 13 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 1355. Prohibition on use of funds for portraits
    ``(a) No funds appropriated or otherwise made available to the 
Federal Government may be used to pay for the painting of a portrait of 
an officer or employee of the Federal Government, including the 
President, the Vice President, a Member of Congress, the head of an 
executive agency, or the head of an office of the legislative branch.
    ``(b) In this section--
            ``(1) the term `executive agency' has the meaning given the 
        term in section 133 of title 41; and
            ``(2) the term `Member of Congress' includes a Delegate or 
        Resident Commissioner to Congress.''.
    (b) Clerical Amendment.--The table of sections for subchapter III 
of chapter 13 of title 31, United States Code, is amended by adding 
after the item relating to section 1354 the following new item:

``1355. Prohibition on use of funds for portraits.''.

            Amend the title so as to read: ``An Act to amend title 31, 
        United States Code, to prohibit the use of Federal funds for 
        the costs of painting portraits of officers and employees of 
        the Federal Government, and for other purposes.''.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                                 S. 188

_______________________________________________________________________

                               AMENDMENTS
```
Exhibit 32.2


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


In connection with the Annual Report of Moller International (the "Company") on
Form 10-KSB for the year ended June 30, 2006 as filed with the Securities and
Exchange commission on the date hereof (the "Report), Paul S. Moller, as Chief
Financial Officer of 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, to
the Best of his knowledge, that:

(1) The Report fully complies with the requirements of section 13(a) 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.

Date: November 2, 2006

Signed:

/s/ Paul S. Moller
-----------------------

Chief Financial Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          21,620
<SECURITIES>                                12,178,473
<RECEIVABLES>                                  299,144
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              12,499,237
<CURRENT-LIABILITIES>                          304,213
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  12,195,024
<TOTAL-LIABILITY-AND-EQUITY>                12,499,237
<SALES>                                              0
<TOTAL-REVENUES>                               706,291
<CGS>                                                0
<TOTAL-COSTS>                                   80,612
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                625,679
<INCOME-TAX>                                   625,679
<INCOME-CONTINUING>                            625,679
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   625,679
<EPS-BASIC>                                        .40
<EPS-DILUTED>                                        0



</TABLE>