alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-30297 Summary Calendar

ROY L. ROBERTS,

Plaintiff-Appellant,

versus

AL SOLOMON; Ms JEAN, Registered Dietician Caddo Correctional Center; Ms PERKINS, Kitchen Supervisor Caddo Correctional Center; KATHY SMITH, L.P.N. Caddo Correctional Center; DRAPER, Lieutenant, Classification Officer Caddo Correctional Center; JACKIE NEAL, Lieutenant; CHARLES LAW, Lieutenant; S.T. DAVIS, Sergeant; RABORN, Sergeant; MICHELL, Sergeant; JOHN SELLS, Chief; BOBBY ABRAHAM, Captain; COLEMAN, Captain; RICK ANDERSON, Deputy; SIMS, Deputy; F. EDMENSON, Deputy; J. WALKER, Deputy; HARRIS, Deputy; COMEAUX, Deputy; MILES, Deputy; WILSON, Deputy; D. THOMAS, Deputy,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana

USDC No. 98-CV-465

- - - - - - - - - - September 19, 2000

Before JOLLY, SMITH, and DUHÉ, Circuit Judges.

PER CURIAM: 1

Roy L. Roberts, Louisia na prisoner #308035, appeals the district

court’s summary-judgment dismissal of his 42 U.S.C. § 1983 co mplaint.

The heart of his argume nt on appeal is simply that he did not receivethe care he be lieves he was entitled to receive. However, Roberts’

disagreement with the extensive medical treatment he received is not

sufficient to raise a genuine issue of mate rial fact. N orton v.

Dimazana

, 122 F.3d 286, 292 (5th Cir. 1997). Nor is there any merit to

Roberts’ suggestion that the defendants’ cumulative acts of negligence

are sufficient to raise a material fact issue for deliberate

indifference. S ee Stewart v. Murphy

, 174 F.3d 530, 537 (5th Cir. 1999).

Accordingly, the district court did not err in granting summary judgment

in favor of the defendants.

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS OF APPAREL VENTURES, INC. FOR THE SIX MONTHS ENDED DECEMBER 31, 1996
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL
STATEMENTS
</LEGEND>
   

       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         123,000
<SECURITIES>                                         0
<RECEIVABLES>                               11,711,000
<ALLOWANCES>                                   408,000
<INVENTORY>                                 19,664,000
<CURRENT-ASSETS>                            36,250,000
<PP&E>                                       7,765,000
<DEPRECIATION>                               3,207,000
<TOTAL-ASSETS>                              58,146,000
<CURRENT-LIABILITIES>                       20,859,000
<BONDS>                                     38,029,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,000
<OTHER-SE>                                   (743,000)
<TOTAL-LIABILITY-AND-EQUITY>                58,146,000
<SALES>                                     14,295,000
<TOTAL-REVENUES>                            14,295,000
<CGS>                                        8,690,000
<TOTAL-COSTS>                                8,690,000
<OTHER-EXPENSES>                             9,528,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,758,000
<INCOME-PRETAX>                            (6,681,000)
<INCOME-TAX>                               (2,138,000)
<INCOME-CONTINUING>                        (4,543,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,543,000)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        
    

</TABLE>
<PAGE>
                                                                   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



In connection with the Quarterly Report of Tower Automotive, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Dugald
K. Campbell, 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, to the best of my knowledge and belief, 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/ Dugald K. Campbell
-----------------------
Dugald K. Campbell
President, Chief Executive Officer
August 12, 2002
MARINE SHUTTLE OPERATIONS INC.

                          COMPUTATION OF LOSS PER SHARE

<TABLE>
<CAPTION>
                                                             YEAR ENDED             YEAR ENDED
                                                            DECEMBER 31,           DECEMBER 31,
                                                                1998                   1997
                                                            -----------------------------------
<S>                                                         <C>                   <C>          
Net income (loss ) for the period attributable to
basic earning (loss) per share                              $ (5,042,147)         $   (164,931)

Net income (loss) for the period attributable to
diluted earnings per share                                  $ (5,042,147)         $   (164,931)

Weighted average shares outstanding                           25,720,000            18,931,982

Dilutive stock options                                                --                    --

Total shares for primary and fully diluted earnings
per share                                                     25,720,000            18,931,982

Primary earnings (loss) per share                           $      (0.20)         $      (0.01)
Fully diluted earnings (loss) per share                     $      (0.20)         $      (0.01)
</TABLE>


                                      -90-
<TABLE> <S> <C>


<ARTICLE>     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE COFFEE
PEOPLE INCORPORATED QUARTERLY 1996 10-QSB AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>  1,000
       
<S>                              <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                                    DEC-31-1997
<PERIOD-END>                                         MAR-31-1997
<CASH>                                                     8,400
<SECURITIES>                                                   0
<RECEIVABLES>                                                 24
<ALLOWANCES>                                                   0
<INVENTORY>                                                  258
<CURRENT-ASSETS>                                           9,073
<PP&E>                                                     8,959
<DEPRECIATION>                                             1,619
<TOTAL-ASSETS>                                            16,556
<CURRENT-LIABILITIES>                                      1,663
<BONDS>                                                        0
<PREFERRED-MANDATORY>                                          0
<PREFERRED>                                                    0
<COMMON>                                                  14,496
<OTHER-SE>                                                  (286)
<TOTAL-LIABILITY-AND-EQUITY>                              16,556
<SALES>                                                    3,193
<TOTAL-REVENUES>                                           3,193
<CGS>                                                      1,559
<TOTAL-COSTS>                                              1,559
<OTHER-EXPENSES>                                             920
<LOSS-PROVISION>                                            (190)
<INTEREST-EXPENSE>                                             0
<INCOME-PRETAX>                                                0
<INCOME-TAX>                                                   0
<INCOME-CONTINUING>                                            0
<DISCONTINUED>                                                 0
<EXTRAORDINARY>                                                0
<CHANGES>                                                      0
<NET-INCOME>                                                (190)
<EPS-PRIMARY>                                              (0.06)
<EPS-DILUTED>                                              (0.06)
        



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

<ARTICLE> 5
       
<S>                               <C>                 
<PERIOD-TYPE>                     9-MOS            
<FISCAL-YEAR-END>                 DEC-31-1997
<PERIOD-END>                      SEP-30-1997       
<CASH>                              5,758,000
<SECURITIES>                                0             
<RECEIVABLES>                       5,336,000                                    
<ALLOWANCES>                         (506,000)                                   
<INVENTORY>                         2,379,000                                    
<CURRENT-ASSETS>                   14,676,000                                    
<PP&E>                              2,656,000                                    
<DEPRECIATION>                       (727,000)                                   
<TOTAL-ASSETS>                     22,037,000
<CURRENT-LIABILITIES>              11,694,000                                    
<BONDS>                             2,694,000                                    
<PREFERRED-MANDATORY>                       0                                    
<PREFERRED>                                 0                                    
<COMMON>                                4,000                                   
<OTHER-SE>                          6,907,000
<TOTAL-LIABILITY-AND-EQUITY>       22,037,000                                    
<SALES>                            22,134,000                                    
<TOTAL-REVENUES>                   22,134,000                                    
<CGS>                             (14,449,000)                                   
<TOTAL-COSTS>                      (5,775,000)                                   
<OTHER-EXPENSES>                     (326,000)                                     
<LOSS-PROVISION>                            0                                    
<INTEREST-EXPENSE>                   (110,000)                                   
<INCOME-PRETAX>                     1,153,000
<INCOME-TAX>                          246,000 
<INCOME-CONTINUING>                 1,416,000
<DISCONTINUED>                              0  
<EXTRAORDINARY>                             0  
<CHANGES>                                   0
<NET-INCOME>                        1,416,000
<EPS-PRIMARY>                             .36            
<EPS-DILUTED>                             .18               
                            

</TABLE>
Exhibit 4.36

 

OFFICER’S CERTIFICATE

 

TO:                                                                         British Columbia Securities Commission
 Alberta Securities Commission
 Saskatchewan Financial Services Commission
 The Manitoba Securities Commission
 Ontario Securities Commission
 Office of the Administrator, New Brunswick
 Securities Commission of Newfoundland and Labrador

 

RE:                                                                          Special Meeting of Shareholders of Augusta Resource Corporation (the “Company”) to be held on September 19, 2014 (the “Meeting”)

 

With reference to National Instrument 54-101 — Communication with Beneficial Owners of Securities of a Reporting Issuer (“NI 54-101”), the undersigned, Patrick Donnelly, the Vice President and General Counsel of the Company, in such capacity and not in his personal capacity, certifies for and on behalf of the Company, that:

 

1.                                      in accordance with the requirements set out in section 2.20(a) of NI 54-101, arrangements have been made to have the proxy-related materials for the Meeting sent in compliance with the applicable timing requirements in sections 2.9 and 2.12 of NI 54-101;

 

2.                                      in accordance with the requirements set out in section 2.20(b) of NI 54-101, arrangements have been made to carry out all of the requirements of NI 54-101 in addition to those described in paragraph 1 above; and

 

3.                                      the Company is relying upon section 2.20 of NI 54-101 in connection with the Meeting.

 

DATED as of the 25th day of August, 2014.

 

 

	
 
    	
(signed) “Patrick Donnelly”
    
	
 
    	
Name: Patrick Donnelly
    
	
 
    	
Title: Vice   President and General Counsel
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE STATEMENTS FOR THE NINE MONTHS ENDED DECEMBER 31, 1997 AND
AS OF DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                    0000925660
<NAME> NANOTECH CORPORATION
<MULTIPLIER>                    1
<CURRENCY>                      US dollars
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              Mar-31-1997
<PERIOD-START>                                 Apr-01-1996
<PERIOD-END>                                   Dec-31-1997
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          2,297
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1,246
<OTHER-SE>                                     (3,543)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  59
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (59)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (59)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (59)
<EPS-PRIMARY>                                  (.00)
<EPS-DILUTED>                                  (.00)
        

</TABLE>
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 Annual Report of AmerInst Insurance Group, Ltd. (the Company) on Form 10-K for the period ended December 31, 2005
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Murray Nicol, Vice President and chief financial officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §
906 of the Sarbanes-Oxley Act of 2002, that, to my 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 operations of
the Company.



|                                          
|------------------------------------------
|/s/    MURRAY NICOL                       
|Murray Nicol                              
|Vice President and chief financial officer



March 31, 2006
EXHIBIT 32.1


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


      I, Dr. John J. McGrath, 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, the Annual Report of EVCI Career Colleges Holding Corp. on Form 10-K
for the year ended December 31, 2005 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in such report fairly presents in all material respects
the financial condition and results of operations of EVCI Career Colleges
Holding Corp.


Dated: March 31, 2006                        Dr. John J. McGrath
                                             -----------------------------------
                                             Dr. John J. McGrath Chief Executive
                                             Officer and President
<PAGE>   1
                                                                      EXHIBIT 23



Exhibit 23 - Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-72747) pertaining to the Amended and Restated 1998 Stock
Incentive Plan of The Banc Corporation and Commerce Bank of Alabama Incentive
Stock Compensation Plan and (Form S-8 No. 333-70953) pertaining to The Banc
Corporation 401(k) Plan of our report dated March 19, 1999, with respect to the
consolidated financial statements of The Banc Corporation and Subsidiary
included in the Annual Report (Form 10-K) for the year ended December 31, 1998.


                                        /s/ Ernst & Young LLP


Birmingham, Alabama
March 29, 1999
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 04-1781

ELISE GUY TCHUENKAM KOM, Petitioner,
versus ALBERTO R. GONZALES, Attorney General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. (A95-220-860) Submitted: February 9, 2005 Decided: February 25, 2005 Before WILKINSON, LUTTIG, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, John J. Powers, III, Steven J. Mintz, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Elise Guy Tchuenkam Kom, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (Board) affirming, without opinion, the immigration judge’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We will reverse the Board only if the evidence “‘was so compelling that no reasonable fact finder could fail to find the requisite fear of persecution.’” Rusu v. INS , 296 F.3d 316, 325 n.14 (4th Cir. 2002) (quoting INS v. Elias-Zacarias , 502 U.S. 478, 483-84 (1992)). We have reviewed the administrative record, the immigration judge’s decision, and the Board’s order and find substantial evidence supports the conclusion that Kom failed to establish the past persecution or well-founded fear of future persecution necessary to establish eligibility for asylum. See8 C.F.R. § 1208.13(a) (2004) (stating that the burden of proof is on the alien to establish eligibility for asylum); Elias-Zacarias , 502 U.S. at 483 (same). Next, we uphold the Board’s denial of Kom’s application for withholding of removal. The standard for withholding of removal is “more stringent than that for asylum eligibility.” Chen v. INS , 195 F.3d 198, 205 (4th Cir. 1999). An applicant for withholding must demonstrate a clear probability of persecution.- 3 - INS v. Cardoza-Fonseca , 480 U.S. 421, 430 (1987). As Kom failed to establish refugee status, he cannot satisfy the higher standard necessary for withholding. Furthermore, we conclude substantial evidence supports the determination that Kom did not establish it was more likely than not that he would be tortured if removed to Cameroon, see 8 C.F.R. § 1208.16(c)(2) (2004), and thus, that Kom’s petition for protection under the CAT was properly denied. Accordingly, we deny Kom’s petition for review. 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.
PETITION DENIED
**EXHIBIT
      23**




**CONSENT
      OF THE INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**






To
      the
      Board of Directors


EVCI
      Career Colleges Holding Corp.




We
      hereby
      consent to the incorporation by reference in the Prospectus constituting part
      of
      the Registration Statement of EVCI Career Colleges Holding Corp. on Forms S-3
      (#333-115699, 333-114711 and 333-110567) and Forms S-8 (#333-120753, 333-34158,
      333-72080 and 333-102310) of our report dated March 6, 2006, except for Note
      9,
      as to which the date is March 31, 2006, the last paragraph of Note 10, as
      to which the date is March 8, 2006 and Note 16, as to which the date is April
      10, 2006, on the financial statements of EVCI Career Colleges Holding Corp.
      as
      of December 31, 2005 and 2004 and for each of the three years in the period
      ended December 31, 2006, appearing in the annual report on Form 10-K/A of EVCI
      Career Colleges Holding Corp. for the year ended December 31, 2005. We also
      consent to the reference of our firm under the caption “Experts” contained in
      such Registration Statements.







/s/
                Goldstein
                Golub Kessler LLP**GOLDSTEIN
                GOLUB KESSLER LLP**New
                York, New
                YorkApril
                  19, 2006