alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7560

GLENN D. CONNER, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-02-647-2) Submitted: February 25, 2004 Decided: March 12, 2004 Before WILLIAMS, MOTZ, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Glenn D. Conner, Appellant Pro Se. Michael Thomas Judge, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Glenn D. Conner seeks to appeal the district court’s order dismissing as untimely filed his petition filed under 28 U.S.C. § 2254 (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Conner has not made the requisite showing. Accordingly, we deny Conner’s motion to proceed on appeal in forma pauperis, deny a certificate of appealability, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 23

                     Consent of Independent Auditors
<PAGE>
                   CONSENT OF INDEPENDENT AUDITORS

    We consent to the incorporation by reference in this Annual
Report (Form 10-K) of Union National Financial Corporation of our
report dated January 13, 2000,included in the 1999 Annual Report
to Stockholders of Union National Financial Corporation.

    We also consent to the incorporation by reference in the
Registration Statements No. 33-80093,and 333-27837, of Union
National Financial Corporation and in the related Prospectus of
our report dated January 13, 2000, with respect to the
consolidated financial statements of Union National Financial
Corporation Incorporated by reference in this Annual Report (Form
10-K) for the year ended December 31, 1999.

                                 /s/ Trout, Ebersole & Groff, LLP
                                 ________________________________
March 23, 2000                   TROUT, EBERSOLE & GROFF, LLP
Lancaster, Pennsylvania          Certified Public Accountants
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New 	York, Respondent,ย  <br><br>against<br><br>Robert Blandino, Defendant-Appellant.</font></b></div><br><br><p>Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered October 28, 2011, after a jury trial, convicting him of assault in the third degree, and imposing sentence.</p><p>Per Curiam.</p><p>Judgment of conviction (Anthony J. Ferrara, J.), rendered October 28, 2011, affirmed.</p><p>The verdict convicting defendant of assault in the third degree (<i>see</i> Penal Law ยง 120.00[1]) was supported by legally sufficient evidence and was not against the weight of the evidence (<i>see People v Danielson</i>, 9 NY3d 342, 348-349 [2007]), which showed that defendant repeatedly punched the victim and then struck him in the face with a fork, causing intense pain and bleeding, and resulting in a gash on the victim's nose that required stitches. The jury resolved the conflicting testimony and there is no basis for disturbing its determinations (<i>see People v Gaimari</i>, 176 NY 84, 94 [1903]). Evidence properly credited by the jury disproved defendant's justification defense beyond a reasonable doubt.</p><p>By making generalized objections or an objection on a different ground from those raised on appeal, defendant has failed to preserve (<i>see People v Miller</i>, 89 NY2d 1077, 1079 [1997]) his challenge to the prosecutor's cross-examination of a defense witness about her failure to come forward with exculpatory evidence (<i>see People v Dawson</i>, 50 NY2d 311 [1980]), and we decline to review this claim in the interest of justice. Were we to review it, we would find that the prosecutor laid a proper foundation for such inquiry (<i>see People v Miller</i>, 89 NY2d at 1079-1080; <i>People v Dawson</i>, 50 NY2d at 321-322). In any event, we find any perceived error regarding the prosecutor's cross-examination to be harmless (<i>see People v Crimmins</i>, 36 NY2d 230 [1975]).</p><p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p><br>I concur I concur I concur<br>Decision Date: February 22, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
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H. J. Res. 62 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

Joint Resolution 

Appointing the day for the convening of the second session of the One Hundred 

Eleventh Congress. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That the second 

regular session of the One Hundred Eleventh Congress shall begin 

at noon on Tuesday, January 5, 2010. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
EXHIBIT 32



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350



---

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 of CollaGenex
Pharmaceuticals, Inc. (the Company) for the period ended September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Colin W. Stewart, Chief Executive Officer of
the Company, and Nancy C. Broadbent, Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.



A signed original of this written statement required by Section 906 has been provided to CollaGenex Pharmaceuticals, Inc. and will be retained by CollaGenex Pharmaceuticals, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.



|                        |  |                        
|----------------------- |  | -----------------------
|                        |  | /s/ Colin W. Stewart   
|Dated: November 9, 2004 |  | Colin W. Stewart       
|                        |  | Chief Executive Officer
|                        | 
|                        |  | /s/ Nancy C. Broadbent 
|Dated: November 9, 2004 |  | Nancy C. Broadbent     
|                        |  | Chief Financial Officer
<PAGE>   1
 
                                                                   EXHIBIT 10.05
 
                                  AMENDMENT TO
                           1994 ANNUAL AND LONG-TERM
                      INCENTIVE BASED COMPENSATION PROGRAM
 
     This Amendment is dated as of July 29, 1997 (the "Amendment") and amends
that certain 1994 Annual and Long-Term Incentive Based Compensation Program
effective as of July 29, 1994 (the "Program") of Genelabs Technologies, Inc.
("Genelabs").
 
     Whereas the Board of Directors of Genelabs, at its regularly scheduled
meeting on May 22, 1997, approved the extension of the Program for an additional
three year term;
 
     Now, therefor, the Program is hereby amended to extend its term from July
29, 1997 through July 28, 2000. Except as expressly amended by this Amendment,
all other terms and conditions remain in full force and effect.
 
                                          GENELABS TECHNOLOGIES, INC.
 
                                          By: /s/ MELINDA GRIFFITH
                                          Its: Vice President, General Counsel
                                          and Secretary
<PAGE>   1
 
                                                                   EXHIBIT 21.01
 
                          GENELABS TECHNOLOGIES, INC.
 
                 LIST OF REGISTRANT'S SIGNIFICANT SUBSIDIARIES
 
<TABLE>
<CAPTION>
                                                                                   PERCENT OWNED
                                                              STATE OR COUNTRY      BY GENELABS
                            NAME                              OF ORGANIZATION    TECHNOLOGIES, INC.
                            ----                              ----------------   ------------------
<S>                                                           <C>                <C>
Accelerated Clinical Research Organization, Inc.............    Delaware                100%
Genelabs Asia (Pte.) Ltd....................................   Singapore                100%*
Genelabs Biotechnology Co., Ltd.............................     Taiwan                  40%
Genelabs Diagnostic, Inc....................................    Delaware                100%
Genelabs Diagnostics (Pte.) Ltd.............................   Singapore                100%**
</TABLE>
 
---------------
 * Wholly-owned by Genelabs Diagnostic, Inc.
 
** Wholly-owned by Genelabs Asia (Pte.) Ltd.
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 AFG Enterprises, Inc. (the "Company")
on Form 10-QSB for the period ended March 31, 2004 as filed with the  Securities
and  Exchange   Commission  on  the  date  hereof  (the  "Report"),   We,  Erich
Spangenberg,  Chief  Executive  Officer and William P.  Stelt,  Chief  Financial
Officer certify,  pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.


Dated: May 13, 2005                            By: /s/Erich Spangenberg
                                                   --------------------
                                                   Chief Executive Officer


                                               By: /s/ William P. Stelt
                                                   ----------------------
                                                   Chief Financial Officer
EXHIBIT 11.1

<TABLE>
<CAPTION>

                 STATEMENT RE COMPUTATION OF PER SHARE EARNINGS


                                                   Three Months Ended                            Six Months Ended
                                     -------------------------------------------------------------------------------------------
                                              June 30, 1997          June 30, 1996           June 30, 1997        June 30, 1996
                                     -------------------------------------------------------------------------------------------
<S>                                               <C>                      <C>                <C>                  <C>
Net income (loss) in
thousands                                        $  1,627                 ($14)               $  2,672               ($1,730)
                                     ===========================================================================================
Weighted average common
shares outstanding                              9,822,570             2,259,478              9,054,708             2,077,834
Weighted average preferred
shares outstanding                                      -             1,838,113                      -             1,838,113
Effect of conversion of
convertible subordinated
debentures                                              -             1,245,002                      -             1,245,002
Additional shares pursuant to
SAB 83                                                  -             1,393,353                      -             1,511,807
Additional shares for options
and warrants outstanding
under treasury-stock method                     1,199,144                     -              1,046,288                     -
                                     -------------------------------------------------------------------------------------------
                                               11,021,714             6,735,946             10,100,996             6,672,756
                                     ===========================================================================================
                                                 $0.15                  $0.00                  $0.26                ($0.26)
                                     ===========================================================================================
</TABLE>


                                     - E-1 -
Exhibit 10.6


 


NOTE
EXTENSION AGREEMENT


 


This Note Extension Agreement (the “Agreement”) is dated as of September 29,
2008 and is made by and between BRAD FOOTE GEAR WORKS, INC., f/k/a BFG
Acquisition Corp., an Illinois corporation (“Borrower”) and LASALLE BANK
NATIONAL BANK f/k/a LaSalle National Bank f/k/a LaSalle Bank NI, a national
banking association (the “Bank”).


 


R E C I T A
L S


 


A.            Borrower has
previously delivered to the Bank its Amended and Restated Renewal Revolving Note
dated January 15, 2008 in the principal amount of $10,000,000.00, as
modified and extended by Note Extension Agreements dated as of June 30,
2008 and August 30, 2008 (the “Note”), evidencing a revolving  line of credit loan extended by the Bank to
the Borrower; and


 


B.            The Note matures on October 31,
2008, and Borrower has asked the Bank to further extend the maturity date of
the Note until January 15, 2009; and


 


C.            The Bank has
consented to such loan request, on the terms hereinafter provided.


 


NOW, THEREFORE, in consideration of the foregoing, and for
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:


 


1.             In the first line
of the first paragraph on page 1 of the Note, the date “October 31,
2008” is hereby deleted, and the date “January 15, 2009” is substituted
therefor.  Borrower confirms to the Bank that
the Note shall mature on January 15, 2009.


 


2.             Borrower
acknowledges and irrevocably agrees that the payment and performance of the
Note, as extended hereby, shall continue to be secured by Collateral Documents
(as such term is defined in the Loan and Security Agreement dated January 17,
1997 between the Borrower and the Bank, as amended from time to time).


 


3.             Except as expressly
modified by this Agreement, all terms and provisions of the Note shall stand
and remain in full force and effect.


 


SIGNATURE
PAGE FOLLOWS


 


1

















 


IN WITNESS WHEREOF, the undersigned have executed this Agreement
as of the day and  year first above written.


 


	
  BORROWER:

  	
   

  
	
   

  	
   

  
	
  BRAD FOOTE GEAR WORKS, INC.

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
  /s/ J. Cameron Drecoll

  	
   

  
	
   

  	
  J. Cameron Drecoll

  	
   

  
	
  Title:

  	
  Chief Executive Officer

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  BANK:

  	
   

  
	
   

  	
   

  
	
  LASALLE BANK NATIONAL ASSOCIATION

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
  /s/ Katherine M.
  Novey

  	
   

  
	
  Title:

  	
  Vice President

  	
   

  
						



 


2
##### 



Exhibit 99.1

MBNA CORPORATION

This certification is being furnished to the Securities and Exchange Commission
solely in connection with Section 1350 of Chapter 63 of title 18, United States
Code, Failure of corporate officers to certify financial reports, and is not
being filed as part of MBNA Corporations Form 10-K for the year ended December
31, 2002 accompanying this certification.

I, Charles M. Cawley, Chief Executive Officer of MBNA Corporation, certify that
MBNA Corporations Form 10-K for the year ended December 31, 2002, fully
complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained in this report fairly
presents, in all material respects, the financial condition and results of
operations of MBNA Corporation.

| |                                                                               
| | ------------------------------------------------------------------------------
| | /s/ Charles M. Cawley
Charles M. Cawley
Chief Executive Officer
March 28, 2003









A signed original of this written statement required by Section 906 has been
provided to MBNA Corporation and will be retained by MBNA Corporation and furnished to the
Securities and Exchange Commission or its staff upon request.
Comment Info: =================

General Comment:Please post this proposal from Gulfstream International Airlines.
ex10_11.htm


    
      

    

    Exhibit
10.11

     

    
      CHARTER
OF

      THE
EXECUTIVE COMMITTEE

      OF
THE BOARD OF DIRECTORS

      OF
MARSHALL HOLDINGS INTERNATIONAL, INC.

      


      The
Executive Committee of Marshall Holdings International, Inc., a Nevada
corporation (the “Company”), is a committee of the Board of Directors of the
Company, the composition and responsibilities of which are described in this
Executive Committee Charter.

      


      1.           Composition.  In
accordance with Article III of the Bylaws of the Company, the Board of
Directors, by resolution adopted by a majority of the whole Board of Directors,
may designate an Executive Committee.  The Executive Committee shall
consist of no fewer than ___ members.  The members of the Executive
Committee shall be appointed by the Board of Directors.  The Chairman
of the Board of Directors shall be the Chair of the Executive Committee;
provided, however, that if the Chairman of the Board of Directors is an
executive officer or employee of the Company, then the Chairman of the Executive
Committee of the Board of Directors shall be an independent
director.  The members of the Executive Committee shall serve at the
pleasure of the Board of Directors or until their successors shall be duly
designated.  Vacancies in the Executive Committee shall be filled by
the Board of Directors.

      


      2.           Responsibilities.  In
accordance with Article III of the Bylaws of the Company, during the intervals
between the meetings of the Board of Directors, the Executive Committee shall
have and may exercise all of the authority of the Board of Directors in the
management of the business affairs of the Company to the extent authorized by
the resolution providing for the Executive Committee or by subsequent resolution
adopted by a majority of the whole Board of Directors.  This
authorization is subject to the limitations imposed by law, the Bylaws of the
Company or the Board of Directors.

      


      3.           Reporting.  The
Executive Committee shall keep written minutes of each meeting, which shall set
forth the Committee’s actions, and shall be duly filed in the Company’s
records.  Reports of meetings of the Executive Committee, including a
report of all actions taken, shall be made to the Board of Directors at its next
regularly scheduled meeting, following the Executive Committee meeting,
accompanied by any recommendations to the Board of Directors approved by the
Executive Committee.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF DUPONT PHOTOMASKS, INC. AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000             DEC-31-1999
<PERIOD-START>                             JUL-01-1999             SEP-30-1999
<PERIOD-END>                               DEC-31-1999             DEC-31-1999
<CASH>                                          32,703                  32,703
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   50,638                  50,638
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     14,358                  14,358
<CURRENT-ASSETS>                               119,225                 119,225
<PP&E>                                         620,699                 620,699
<DEPRECIATION>                                 258,984                 258,984
<TOTAL-ASSETS>                                 531,297                 531,297
<CURRENT-LIABILITIES>                           81,193                  81,193
<BONDS>                                        103,278                 103,278
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           156                     156
<OTHER-SE>                                     291,863                 291,863
<TOTAL-LIABILITY-AND-EQUITY>                   531,297                 531,297
<SALES>                                        147,883                  73,761
<TOTAL-REVENUES>                               147,883                  73,761
<CGS>                                          104,527                  53,633
<TOTAL-COSTS>                                  104,527                  53,633
<OTHER-EXPENSES>                                28,120                  14,035
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                 15,236                   6,093
<INCOME-TAX>                                     4,235                   1,677
<INCOME-CONTINUING>                             10,889                   4,312
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    10,889                   4,312
<EPS-BASIC>                                       0.71                     .28
<EPS-DILUTED>                                     0.68                     .27



</TABLE>