alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 31.1**

 

**Certification of Chief Executive Officer**

**Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

 

I, Charles J. Hogarty, certify that: 

 

1. Ihave reviewed this quarterly report on Form 10-Q of Keystone Automotive Industries, Inc.; 

 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report; 

 

4. The registrant’s othercertifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a) designed such disclosure controls and procedures, or caused suchdisclosure 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, particularlyduring the period in which this report is being prepared; 

 

b)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 thisreport based on such evaluation; and 

 

c) disclosed in thisreport 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

 

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonablylikely 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 controlover financial reporting. 

 

Date: August 11, 2004
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-4225

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

AUDREY HIGGINS,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Spartanburg. Henry M. Herlong, Jr., District

Judge. (CR-98-78)

Submitted: July 15, 2005 Decided: August 16, 2005

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Benjamin T. Stepp, Assistant Federal Public Defender, Greenville,

South Carolina, for Appellant. Jonathan Scott Gasser, Acting

United States Attorney, Columbia, South Carolina; David Calhoun

Stephens, Assistant United States Attorney, Greenville, South

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Audrey Higgins appeals the district court’s judgment

revoking her supervised release and imposing a four-month custodial

sentence. Higgins’s attorney filed a brief pursuant to Anders v.

California, 386 U.S. 738 (1967), asserting there are no meritorious

grounds for appeal but raising the issue of whether the district

court abused its discretion by revoking her supervised release and

imposing the custodial sentence. Higgins has been informed of her

right to file a pro se supplemental brief but has not done so. 

Because Higgins has been discharged from federal custody,

her sentence did not include a term of supervised release, and

there are no continuing collateral consequences from the district

court’s judgment on revocation of supervised release, we dismiss

the appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 10 (1998).

In accordance with Anders, we have reviewed the entire

record and found no meritorious issues for appeal. We therefore

dismiss Higgins’s appeal as moot. This court requires that counsel

inform his client, in writing, of her right to petition to the

Supreme Court of the United States for further review. If the

client requests that a petition be filed, but counsel believes that

such a petition would be frivolous, then counsel may move in this

court for leave to withdraw from representation. Counsel’s motion

must state that a copy thereof was served on the client. 
- 3 -

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
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS OF USCS INTERNATIONAL, INC. AS OF
JUNE 30, 1998 FOR THE SIX MONTHS THEN ENDED 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>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           13165
<SECURITIES>                                         0
<RECEIVABLES>                                    95072
<ALLOWANCES>                                         0
<INVENTORY>                                       4734
<CURRENT-ASSETS>                                126722
<PP&E>                                          202204
<DEPRECIATION>                                  101810
<TOTAL-ASSETS>                                  250194
<CURRENT-LIABILITIES>                            67324
<BONDS>                                           3454<F1>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          1171
<OTHER-SE>                                      147218<F2>
<TOTAL-LIABILITY-AND-EQUITY>                    250194
<SALES>                                              0
<TOTAL-REVENUES>                                164062
<CGS>                                                0
<TOTAL-COSTS>                                    97218
<OTHER-EXPENSES>                                 45145<F3>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 289
<INCOME-PRETAX>                                  21410
<INCOME-TAX>                                      8350
<INCOME-CONTINUING>                              13060
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     13060
<EPS-PRIMARY>                                      .56
<EPS-DILUTED>                                      .55
<FN>
<F1>Consists of Notes Payable and Bonds Payable
<F2>Consists of Additional Paid-in Capital, Retained Earnings, Treasury Stock and
Foreign Currency Translation Adjustments
<F3>Consists of Research and Development and Selling, General and Administrative
Expenses
</FN>
        

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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE DONNA
KARAN INTERNATIONAL INC. FORM 10 Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUL-02-2000
<CASH>                                          14,740
<SECURITIES>                                         0
<RECEIVABLES>                                  101,134
<ALLOWANCES>                                    31,416
<INVENTORY>                                     76,200
<CURRENT-ASSETS>                               207,202
<PP&E>                                          92,575
<DEPRECIATION>                                  52,349
<TOTAL-ASSETS>                                 283,641
<CURRENT-LIABILITIES>                          113,606
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           216
<OTHER-SE>                                     128,943
<TOTAL-LIABILITY-AND-EQUITY>                   283,641
<SALES>                                        293,283
<TOTAL-REVENUES>                               293,283
<CGS>                                          204,980
<TOTAL-COSTS>                                  204,980
<OTHER-EXPENSES>                                93,941
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 753
<INCOME-PRETAX>                                (6,191)
<INCOME-TAX>                                   (2,538)
<INCOME-CONTINUING>                            (3,653)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,653)
<EPS-BASIC>                                     (0.17)
<EPS-DILUTED>                                   (0.17)


</TABLE>
<PAGE>


           Exhibit 31.2 - CERTIFICATION PURSUANT TO SECTION 302 OF THE
                           SARBANES-OXLEY ACT OF 2002

I, George V. Hager, Jr., principal financial officer of Genesis Health Ventures,
   Inc., certify that:

         1. I have reviewed this Form 10-K/A of Genesis Health Ventures, Inc.;

         2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

         3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;




Date:  October 10, 2003                      George V. Hager, Jr.
                                             -----------------------------------
                                             George V. Hager, Jr.
                                             Executive Vice President and Chief
                                             Financial Officer
EXHIBIT 32.2

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 EP  MedSystems,  Inc.  (the
"Company") on Form 10-QSB for the period ended  September 30, 2003 as filed with
the Securities and Exchange Commission (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:

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


Date:  November 13, 2003            /s/ Matthew C. Hill
                                    -------------------

                                        Matthew C. Hill
                                        Chief Financial Officer
                                        (Principal Financial Officer)
#### TEXAS NAT. BANK OF BEAUMONT v. HAHN et ux.

No. 2878.

Court of Civil Appeals of Texas. Beaumont.

May 23, 1935.

*264E. L, Nall and Geo. A. Weller, all of Beaumont, for appellants.

O. M. Lord, of Beaumont, for appellees.

WALKER, Chief Justice.

This is an appeal from a chambers order granting appellees, E. H. Hahn and wife, Alma Hahn, a temporary injunction upon an ex parte hearing, restraining appellants, Texas National Bank and the sheriff of Jefferson county, from selling lot No. 10, block No. 40, of the North addition to the city of Beaumont. Omitting formal allegations and the prayer, appellees’ petition was as follows:

> *“2.*That on or about the first day of January, A. D., 1934, the defendant, Texas National Bank, entered upon the said premises and ejected these plaintiffs therefrom and are withholding the possession of the same from plaintiffs to their damages in the sum of Three Thousand Dollars ($3000.00).

> “3. That the rental value on said property is the sum of Three Hundred Dollars ($300.00) per year.

> “4: That the said defendants, through the said defendant, W. W. Richardson, Sheriff of Jefferson County, Texas, have advertised the said property hereinabove described and are attempting and threatening to sell the same on the 7th day of May, 1935, under a purported judgment and execution issued out of the 60th District Court of Jefferson County, Texas.

> “5. That said sale would cast a cloud upon plaintiffs’ title to their great damage and injury and that plaintiffs have no complete and adequate remedy at law and unless the said sale is enjoined by this Honorable Court, that the plaintiffs will suffer an irreparable loss and injury.”

Appellants assign many errors against the temporary injunction. It is sufficient to say that the petition was fatally defective because no attack of any character whatever was made upon the judgment complained of.

It follows that the judgment appealed from should be reversed, and the injunction dissolved, and it is so ordered. •
CHAPTER 11. LIFE-CYCLE COST SUBGROUP ANALYSIS
TABLE OF CONTENTS
11.1 INTRODUCTION ......................................................................................................... 11-1

11-iCHAPTER 11. LIFE-CYCLE COST SUBGROUP ANALYSIS
11.1 INTRODUCTION The life-cycle cost (LCC) subgroup analysis evaluates impacts on any identifiable groups or customers who may be disproportionately affected by any national energy efficiency standard level. The Department of Energy (DOE) will conduct this analysis as one of the analyses for the notice of proposed rulemaking. DOE will accomplish this, in part, by analyzing the LCC and payback periods (PBPs) for those customers that fall into any identifiable groups. DOE plans to evaluate variations in regional energy prices and variations in energy use that might affect the net present value of a standard to customer subpopulations. To the extent possible, DOE will obtain estimates of each input parameter’s variability and will consider this variability in its calculation of customer impacts. DOE plans to perform sensitivity analyses to consider how differences in energy use will affect subgroups of customers. DOE will determine the impact on customer subgroups using the LCC Spreadsheet Model, which allows for different data inputs. The standard LCC analysis (described in Chapter 8) focuses on the households that use water heaters, direct heating equipment, and pool heaters. DOE can use the LCC Spreadsheet Model to analyze the LCC for any subgroup by sampling only that subgroup. (Chapter 8 explains in detail the inputs to the model used in determining LCC and PBPs.) In the case of water heaters, direct heating equipment and pool heaters, some possible subgroups DOE may choose to consider are: (1) low-income households, and (2) senior citizens. DOE believes that it is likely not necessary to evaluate low-income households for pool heaters, since there is very little pool ownership among these households. DOE does not apply a rebound effect in the LCC subgroup analysis for the reasons discussed in Chapter 8 (i.e., there is no net change in overall consumer benefit with or without the rebound effect). DOE will be especially sensitive to increases in the purchase price of the equipment due to new standards, to avoid negative impacts on identifiable population groups that may not be able to afford significant increases in product price. For such customers that are sensitive to price increases, increases in first costs of a product can preclude the purchase of a new model of that product. As a result, some customers may retain products past their useful life. These older products are generally less efficient to begin with, and their efficiency may deteriorate further if they are retained beyond their useful life. Increases in first cost also can preclude the purchase and use of a product altogether, resulting in a potentially large loss of utility to the customer.

11-1
**Exhibit 32.1**

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of FPTechnology, Inc. (the “Company”) on Form 10-QSB for the period ended September30, 2006 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), We, William Santo, Chief Executive Officer and StephenPeary, Chief Financial Officer certify, pursuant to 18 U.S.C. ss. 1350, asadopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

      (1) The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

      (2) The information contained in theReport fairly presents, in all material respects, the financial condition andresult of operations of the Company.
| Dated: November 14, 2006 |   | by: /s/ William Santo   |
|--------------------------|--------|-------------------------|
|                     |   | Chief Executive Officer |
|                     |   |                    |
|                     |   | by: /s/ Stephen Peary   |
|                     |   | Chief Financial Officer |

 

24

----
**Exhibit****31.1**
 
 Certification
Pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a)
 As
Adopted Pursuant to Section 302 of the
 Sarbanes
- Oxley Act of 2002
 
 I, James
A. Coyne, certify that:
 
 1.  I have
reviewed this annual report on Form 10-KSB of PLM Equipment Growth Fund
VI.
 
 2.  Based on
my knowledge, this annual report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this annual report.
 
 3.  Based on
my knowledge, the financial statements, and other financial information included
in this annual report, fairly present in all material respects the financial
condition, results of operations and cash flows of the Registrant as of, and
for, the periods presented in this annual report.
 
 4.  The
Registrant’s other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the Registrant and have:
 
 a)  designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under 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)  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
 
 c)  disclosed
in this annual report any change in the Registrant’s internal control over
financial reporting that occurred during the Registrant’s most recent fiscal
quarter that has materially affected or is reasonably likely to materially
affect, the Registrant’s internal control over financial reporting.
 
 5.  The
Registrant’s other certifying officer and I have disclosed, based on our most
recent evaluation of internal controls over financial reporting, to the
Registrant’s auditors and the audit committee of Registrant’s board of directors
(or persons performing the equivalent functions):
 
 a)  all
significant deficiencies and material weaknesses in the design or operation of
internal controls 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 controls over financial
reporting.
 
 
 
 
 
 Date:
March 29, 2005  By:  /s/
James A. Coyne
 James A.
Coyne
 President
 (Principal
Executive Officer)