alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT32.1**

**MedImmune,Inc.**

**CertificationPursuant to Section 906 of the Sarbanes-Oxley Act of 2002(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United StatesCode)**

Pursuant to Section 906 of the Sarbanes-Oxley Act of2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, UnitedStates Code), each of the undersigned officers of MedImmune, Inc., a Delawarecorporation (the “Company”), does hereby certify, to such officer’s knowledge,that:

The Company’s Annual Report on Form 10-K for theperiod ended December 31, 2006 (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934and information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.
|    |     | /s/ DAVID  M. MOTT                                                   |
|--------------|----------|----------------------------------------------------------------------|
|    |     | David M. Mott                                                        |
|    | * * | *Chief Executive Officer, President and Vice  Chairman of the Board* |
|    |     | February 27, 2007                                               |
|         |     |                                                                 |
|    |     | /s/ LOTA  S. ZOTH                                                    |
|    |     | Lota S. Zoth                                                         |
|    | * * | *Senior Vice President and Chief Financial Officer*                  |
|    |     | February 27, 2007                                               |

 

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained by theCompany and furnished to the Securities and Exchange Commission or its staffupon request.

This certification is being furnished to theSecurities and Exchange Commission as Exhibit 32 to the Form 10-K pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) ofSection 1350, Chapter 63 of Title 18, United States Code) and in accordancewith Item 601(b)(32)(ii) of Regulation S-K. This certification is not being “filed”for purposes of Section 18 of the Securities Exchange Act of 1934, and is notand should not be deemed to be incorporated by reference into the Form 10-K orany filing under the Securities Act of 1933 or the Securities Exchange Act of1934.

 

----
#### BROWN v. STATE.

No. 16576.

Court of Criminal Appeals of Texas.

March 28, 1934.

Reynold M. Gardner, of Amarillo, for appellant.

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

LATTIMORE, Judge.

Conviction for misdemeanor theft; punishment, thirty days in the county jail.

The property alleged to have been stolen.' in this case was a bathtub and kitchen sink. For some reason best known to the au£horr ities, the state introduced one Virgil Watts, who testified that he was present at appellant’s residence the afternoon of October 20, 1932, and saw appellant give a generator and starter off an old model Studebaker car, and a couple of dollars to boot, in trade for said bathtub and sink. Mr. Robinett testified for the state that appellant traded him a bathtub and sink for some furniture. Mr. Wheeler, the owner of the bathtub and sink in question, testified that some one took said tub and sink from a vacant residence under his control without his knowledge or consent Deputy Constable Graves testified that he was appellant’s brother-in-law, and that some time in October appellant told him he had done wrong and wanted to straighten it up. This is the substance of the state’s case.

Appellant’s wife testified that she was in the car with her husband and Mr. Graves, and that her husband never said anything about straightening up anything about any bathtub and sink. Appellant took the stand, and testified that he traded a generator and starter off of a Studebaker car for a bathtub and kitchen sink and gave $2 difference; that he got these things from a man by the name of Glenn.

In our opinion, these facts are not sufficient to support a conviction. State witness Watts, for whose credibility the state vouched, seems to have completely destroyed the state’s case when he testified that he was present when appellant traded for the alleged stolen articles.

The judgment will be reversed, and the cause remanded.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 40195 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

FERMIN CERON

- TORRES, also known as Walter Alberto Torres, also known as Fermin Torres , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12

- CR

- 1711

- 1

Before DAVIS, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Fermin Ceron

Torres has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Ceron

- Torres h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 17, 2013 Lyle W. Cayce Clerk Case: 13-40195 Document: 00512473463 Page: 1 Date Filed: 12/17/2013No. 13

- 40195

concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appella te review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-40195 Document: 00512473463 Page: 2 Date Filed: 12/17/2013
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. 09-10239

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

ALFRED WILLIAM BRYANT,

Defendant - Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 7:05-CR-20-1

Before REAVLEY, DAVIS, and HAYNES, Circuit Judges.

PER CURIAM:*

The conviction and sentence of Alfred Bryant were affirmed by this court

on February 1, 2008. There is no appealable judgment for proceeding now in

this court. He may seek advice for other proceedings from his attorney or file his

own suit for habeas corpus relief pro se.

DISMISSED.

United States Court of Appeals

Fifth Circuit

F I L E D

October 22, 2009

Charles R. Fulbruge III

Clerk
/**
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 * A Backbone View that provides keyboard interaction for a contextual link.
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```
**EXHIBIT 11**
```

```
                            JONES APPAREL GROUP, INC.
              Computation of Basic and Diluted Earnings per Share
                     (In millions except per share amounts)
```

```

                                         For the Year Ended December 31,
                                        --------------------------------
                                            2003        2002        2001
                                        --------    --------     -------
Basic Earnings per Share:
-------------------------
Net income...........................     $328.6      $318.5      $236.2
                                        ========    ========     =======

Weighted average number of shares
outstanding..........................      127.3       128.2       123.2
                                        ========    ========     =======

Basic earnings per share.............      $2.58       $2.48       $1.92
                                        ========    ========     =======

Diluted Earnings per Share:
---------------------------
Net income...........................     $328.6      $318.5      $236.2
Add: interest expense associated
     with convertible notes,
     net of tax benefit..............        9.5         9.1         7.7
                                        --------    --------     -------
Income available to common
  shareholders.......................     $338.1      $327.6      $243.9
                                        ========    ========     =======

Weighted average number of shares
  outstanding........................      127.3       128.2       123.2
Effect of dilutive securities:
  Employee stock options.............        1.3         2.9         3.3
  Assumed conversion of convertible
    notes............................        7.9         7.9         7.2
                                        --------    --------     -------
                                           136.5       139.0       133.7
                                        ========    ========     =======
Diluted earnings per share..........       $2.48       $2.36       $1.82
                                        ========    ========     =======
```
<PAGE>
 
     EXHIBIT 1

                             ARTICLES OF AMENDMENT
                                      OF
                           ARTICLES OF INCORPORATION
                                      OF
                          ONLINE SYSTEM SERVICES, INC.


     The undersigned, Thomas S. Plunkett, Chief Financial Officer of Online
System Services, Inc., a Colorado corporation (the "Corporation"), DOES HEREBY
CERTIFY that pursuant to actions taken in accordance with Section 7-110-103 of
the Colorado Business Corporation Act, the amendment set forth below was duly
adopted by the shareholders of the Corporation on July 30, 1998. The undersigned
further certifies that the number of votes cast for the amendment by each voting
group entitled to vote separately on the amendment was sufficient for approval
by that voting group.


     ARTICLE IV, Section 1 of the Articles of Incorporation of the Corporation
     ----------                                                               
is amended and replaced in its entirety to read as follows:

          1. Authorized Shares. The aggregate number of shares that the
     Corporation has authority to issue is 25,000,000. The shares are classified
     in two classes, consisting of 20,000,000 shares of Common Stock, no par
     value, and 5,000,000 shares of Preferred Stock, with such par value as the
     Board of Directors of the Corporation may designate. The Board of Directors
     of the Corporation is authorized to establish one or more series of
     Preferred Stock, setting forth the designation of each such series, and
     fixing the preferences, limitations and relative rights of each such series
     of Preferred Stock.


     IN WITNESS WHEREOF, the undersigned has executed these Articles of
Amendment this 19th day of August, 1998.


                                    /s/ Thomas S. Plunkett
                                    ----------------------
                                    Thomas S. Plunkett
                                    Chief Financial Officer
**ONYX PHARMACEUTICALS, INC.**
**EXHIBIT 32.1**
**CERTIFICATION**
Pursuant to the requirement set forth in Rule 13a-14(b) of the SecuritiesExchange Act of 1934, as amended (the “Exchange Act”) and Section 1350 ofChapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), HollingsC. Renton, Chairman of the Board, President and Chief Executive Officer of OnyxPharmaceuticals, Inc. (the “Company”), hereby certifies that, to the best ofhis knowledge:
**1.** The Company’s Quarterly Report on Form 10-Q for the period ended March31, 2004, to which this Certification is attached as Exhibit 32.1 (the“Periodic Report”), fully complies with the requirements of Section 13(a)or Section 15(d) of the Exchange Act; and
**2.** The information contained in the Periodic Report fairly presents, in allmaterial respects, the financial condition of the Company at the end ofthe period covered by the Periodic Report and results of operations of theCompany for the period covered by the Periodic Report.   Dated: May 10, 2004      /s/ Hollings C. Renton Hollings C. Renton Chairman of the Board, President and Chief Executive Officer (Principal Executive and Financial Officer)
A signed original of this written statement required by Rule 13(a)-14(b) ofthe Exchange Act and Section 1350 of Chapter 63 of Title 18 of the UnitedStates Code (18 U.S.C. § 1350) has been provided to Onyx Pharmaceuticals, Inc.and will be retained by Onyx Pharmaceuticals, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.
“This certification accompanies the Form 10-K to which it relates, is notdeemed filed with the Securities and Exchange Commission and is not to beincorporated by reference into any filing of Onyx Pharmaceuticals, Inc. underthe Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,as amended (whether made before or after the date of the Form 10-Q),irrespective of any general incorporation language contained in such filing.”
30
*OPINION ISSUED DECEMBER 12, 2008*

#### *164JOHN B. MOWERY JR. VS. DIVISION OF HIGHWAYS

(CC-07-0087)

Claimant appeared *pro se.*

Jason C. Workman, Attorney at Law, for respondent.

PER CURIAM:

Claimant brought this action for vehicle damage which occurred when gravel on the 1-64 eastbound exit ramp at Cross Lanes struck the windshield of his 2006 Nissan Frontier pickup truck. The 1-64 Cross Lanes exit ramp is an area maintained by respondent. The Court is of the opinion to deny the claim for the reasons more fully stated below.

The incident giving rise to this claim occurred at approximately 8:30 a.m. on September 6,2006. The 1-64 eastbound Cross Lanes exit ramp is a one-lane, paved road. As claimant was driving on the exit ramp at approximately fifteen miles per hour, he noticed that there was loose gravel situated one third of the way across the exit ramp. There was a sp orts utility vehicle in front of him on the exit ramp. When the sp orts utility vehicle drove through this area, pieces of gravel were thrown into the air and struck the vehicle’s windshield. Claimant surmised that respondent was responsible for the loose gravel at this location. The gravel looked misplaced, and he thought it came off the back of one of respondent’s trucks. Although respondent had finished performing work on the exit ramp, he stated that he saw respondent’s employees performing road construction in the vicinity. As a result of this incident, claimant’s vehicle sustained damage to its windshield in the amount of $264.69.

The position of the respondent is that it did not have actual or constructive notice of the condition on the 1-64 Cross Lanes exit ramp at the site of claimant’s accident for the date in question. Respondent did not present any witnesses at the hearing of this matter.

The well-established principle of law in West Virginia is that the State is neither an insurer nor a guarantor of the safety of travelers upon its roads. *Adkins v. Sims,*130 W.Va. 645; 46 S.E.2d 81 (1947). In order to hold respondent liable for road defects of this type, a claimant must prove that respondent had actual or constructive notice of the defect and a reasonable time to take corrective action. *Chapman*v. *Dep’t of Highways,*16 Ct. Cl. 103 (1986).

In the instant case, the Court finds that respondent did not have actual or constructive notice of the loose gravel located on the 1-64 Cross Lanes exit ramp. Although claimant contends that the loose gravel came from one of respondent’s trucks, an award cannot be based on mere speculation. The Court finds that the claimant has not established that the damage to his vehicle was caused by any negligence on the part of the respondent, and further, it would be mere speculation for the Court to conclude where the excess gravel in the road came from. Therefore, the Court is constrained by the evidence to deny this claim.

*165In view of the foregoing, the Court is of the opinion to and does deny this claim.

Claim disallowed.
##### 



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

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in
connection with the Quarterly Report on Form 10-Q of Post Properties, Inc.
(Post) and Post Apartment Homes, L.P. (PAH, and together with Post, the
Registrants) for the period ended September 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the Report), the
undersigned, the President and Chief Executive Officer of Post and Post GP
Holdings, Inc., PAHs general partner, certifies 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
Registrants.

/s/ David P. Stockert




David P. Stockert
President and Chief Executive Officer
November 14, 2002


-51-
Exhibit 4.2




Amendment Number 1

to

Employment Agreement







This Amendment Number 1 (the “Amendment”) dated November 10, 2008, amends the Employment Agreement (the “Agreement”) between BioForce Nanosciences Holdings, Inc. (the “Company”) and Gregory D. Brown (the “Employee”)




In consideration of the mutual agreements set forth below and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:




1.

All terms of the Agreement shall continue in full force and effect except as expressly modified in this Amendment.  All terms of the Agreement shall apply to this Amendment, except in the event and to the extent they are expressly modified herein, in which case the terms of this Amendment shall control.  All capitalized terms used in the Amendment not otherwise defined shall have the same meaning as in the Agreement.




2.

Section 2 of the Agreement is amended by deleting the provision in its entirety and replacing it with the following:  “The term of the Employee’s employment with the Company shall be until it is terminated in accordance with Section 9 of this Agreement.”




3.

Section 4(a) of the Agreement is amended by inserting the following sentence at the end of the section.  “Effective November 16, 2008, Employee’s base salary shall be increased to $15,000.00 per month.”




4.

Section 9(a) of the Agreement is amended by deleting the words “prior to the expiration of the initial term set forth in Section 2 or any extension thereof.”




5.

This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs and assigns.




6.

Each party represents and warrants that the person signing this Amendment has the full and proper authority to do so and has been empowered to make and execute this Amendment.








In Witness Whereof, the parties caused this Amendment to be executed on the day and year first written above.







BioForce Nanosciences Holdings, Inc.







By:_/s/ Kerry M. Frey__________________

     Kerry M. Frey, President and CEO

 




Gregory D. Brown

By:_/s/ Gregory D. Brown_______________
Exhibit 32.1

The following statement is being furnished to the Securities and
Exchange Commission solely for purposes of Section 906 of the Sarbanes-
Oxley Act of 2002 (18 U.S.C. 1349).

Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC  20549

Re: BayCorp Holdings, Ltd.

Ladies and Gentlemen:

 In connection with the Quarterly Report of BayCorp Holdings, Ltd.
(the "Company") on Form 10-Q for the period ending September 30, 2003
as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Frank W. Getman Jr., President and 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 result of operations of
BayCorp Holdings, Ltd. as of September 30, 2003.



Date:  November 6, 2003      /s/ Frank W. Getman Jr.
                             -----------------------
                             Frank W. Getman Jr.
                             President and Chief Executive Officer
                             (chief executive officer and
                              chief financial officer)








A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of
this written statement required by Section 906, has been provided to
BayCorp Holdings, Ltd. and will be retained by BayCorp Holdings, Ltd.
and furnished to the Securities and Exchange Commission or its staff
upon request.