alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32

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

The  undersigned  hereby  certifies,  pursuant to, and as required by, 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that the Quarterly Report of NextPhase  Wireless,  Inc. (the "Company") on
Form  10-QSB/A  for the period  ended  June 30,  2005  fully  complies  with the
requirements  of Section 13(a) or 15(d) of the Securities  Exchange Act of 1934,
as amended,  and that  information  contained in such  Quarterly  Report on Form
10-QSB/A fairly presents, in all material respects,  the financial condition and
results of operations of the Company.

Dated:  April 4, 2006                            /s/ Robert Ford
                                                 -------------------------------
                                                 Robert Ford
                                                 Chief Executive Officer and
                                                 Chief Financial Officer
#### UTILITY CO-WORKERS ASSOCIATION, Appellant, v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Appellee.

No. 14939.

United States Court of Appeals Third Circuit.

Argued March 17, 1965.

Decided April 14, 1965.

George Duggan, Newark, N. J., for appellant.

Luke A. Kiernan, Newark, N. J., for ap-pellee.

Before McLAUGHLIN, HASTIE and SMITH, Circuit Judges.

PER CURIAM.

The dispute before us arises out of the action of the employer-appellee in filling a confidential secretary employee vacancy with an employee who had been with ap-pellee for thirty-four years, many of which as a confidential secretary.

Article XIV, Section 5 of the bargaining agreement between appellant and ap-pellee reads:

> “When a vacancy occurs or a new position is created in those secretarial positions considered to be confidential and not included in the bargaining unit, the Company agrees that it will extend to other stenographic employees in the Commercial Office first consideration for promotion to the secretarial position. Vacancies in these secretarial positions shall be posted in accordance with the procedure outlined in Section 1 of this Article, except that the position of Secretary to Commercial Manager shall not be posted if that vacancy is filled by promotion of an*103other confidential secretarial employee.

> “For confidential positions which are posted, pursuant to the provisions of the preceding paragraph, the Committee of the Local Council will be consulted and will be notified of the Commercial Manager’s selection before the promotion is made. *The selection of employees for confidential positions, which are posted, shall be subject to the grievance procedure (through step “Third” of Article XV), but they shall not be subject to arbitration.”*(Emphasis supplied).

One of the two Commercial Office employees who applied for the position possessed the minimum qualifications for the position. She was nineteen years old and had been employed by appellee for two years. Appellee having given first consideration to the Commercial Office employee then considered the qualifications of the applying confidential secretary and as above stated chose her. On behalf of appellant it is argued that “first consideration” in Section 5 means that appellant was bound to give the Commercial Office employee “ 'thoughtful or sympathetic regard’, in ‘preference to any (one) else.’ ” Such attempted restricted interpretation of the phrase is completely unwarranted in its context. What the company was bound to do under Section 5 was to examine the Commercial Office employee’s qualifications first, which it admittedly did. Following that, it examined the qualifications of the other applicant and in strict accord with Section 5 selected her for the vacancy. In any event, this question, together with appellant’s argument re whether the appointment made was a “promotion”, which latter is clearly de minimis, are both an integral part of the selection to fill the confidential position vacancy which is expressly “ * * * subject to the grievance procedure * * * *but** * * *shall not be subject to arbitration.”*(Emphasis supplied).

The judgment of the district court will be affirmed.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-94,896-01

EX PARTE FEDERICO VILLA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR11824-A IN THE 90TH DISTRICT COURT

FROM YOUNG COUNTY

Per curiam.

O P I N I O N

Applicant was convicted of felony driving while intoxicated – 3rd or more and sentenced to

3 years’ imprisonment. Applicant filed this application for a writ of habeas corpus in the county of

conviction, and the district clerk forwarded it to this Court. See TEX. CODECRIM. PROC. art. 11.07.

Applicant contends that he should not have been convicted of a felony DWI. Specifically,

he contends that one of the jurisdictional DWI convictions alleged in the indictment was not a final

conviction and so it did not operate to make this DWI offense a felony. TEX. CODE CRIM. PROC.

49.09(b); Ex parte Sparks, 206 S.W.3d 680, 682 (Tex. Crim. App. 2006). 

The trial court concludes that Applicant is entitled to relief. We agree. Relief is granted. The

judgment in Cause Number 11824 in the 90th Judicial District Court of Young County is set aside,
2

and Applicant is remanded to the custody of the Sheriff of Young County to face the charges against

him . The trial court shall issue any necessarybench warrant within ten days after the mandate of this

Court issues.

Copies ofthis opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Filed: JUNE 12, 2024

Do not publish
#### In re Cranberry Creek Drainage District: Cranberry Creek Drainage District and others, Appellants, vs. Wood County and others, Respondents.

*March 6*

April *1, 1930.*

*374• For the respondent there was a brief by *M. S.*King, district attorney for Wood County, and *Goggins, Brasmu & Graves*of Wisconsin Rapids, special counsel for Wood County, and oral argument by *R. B. Graves.*

Owen, J.

This is a companion case of, and was argued with, *In re Wood County Drainage*District, *ante,*p. 368, 230 N. W. 57. No questions are presented here which were not considered and decided in that case, upon the authority of which the order appealed from must be affirmed.

' *By the Court.*— Order affirmed.
# C_2005031EN.01000101.xml

| 5.2.2005 | EN | Official Journal of the European Union | C 31/1 |
| --- | --- | --- | --- |

5.2.2005

EN

Official Journal of the European Union

C 31/1

---

Election of the Presidents of Chambers

(2005/C 31/01)

At their meeting on 6 October 2004, the Judges of the Court of Justice elected, under the second subparagraph of Article 10(1) of the Rules of Procedure, Mr Lenaerts as President of the Fourth Chamber, Ms Silva de Lapuerta as President of the Fifth Chamber and Mr Borg Barthet as President of the Sixth Chamber for a period of one year expiring on 6 October 2005.

The composition of the Fourth, Fifth and Sixth Chambers is established as follows:

Fourth Chamber

Mr Lenaerts, President,

Ms Colneric, Mr Cunha Rodrigues, Mr Schiemann, Mr Juhász, Mr Ilešič and Mr Levits, Judges

Fifth Chamber

Ms Silva de Lapuerta, President,

Mr Gulmann, Mr Schintgen, Mr Makarczyk, Mr Kūris, Mr Arestis and Mr Klučka, Judges

Sixth Chamber

Mr Borg Barthet, President,

Mr La Pergola, Mr Puissochet, Mrs Macken, Mr von Bahr, Mr Malenovský and M. Lõhmus, Judges

---
Exhibit 23.2

We have issued our report  dated March 8, 2000,  accompanying  the  consolidated
financial  statements  and  schedule  included  in the  Annual  Report of Schick
Technologies,  Inc.  on Form 10-K for the year ended March 31,  1999.  We hereby
consent to the  incorporation  by reference  of said report in the  Registration
Statement  of  Schick  Technologies,  Inc.  on Form S-8  (File  No.  333-46825),
effective February 24, 1998.


GRANT THORNTON LLP (manually)


New York, New York
March 8, 2000
# C_2005115EN.01000501.xml

| 14.5.2005 | EN | Official Journal of the European Union | C 115/5 |
| --- | --- | --- | --- |

14.5.2005

EN

Official Journal of the European Union

C 115/5

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 10 March 2005

in Case C-342/03: Kingdom of Spain v Council of the European Union (1)

1

(Common commercial policy - Canned tuna originating in Thailand and the Philippines - Mediation within the WTO - Regulation (EC) No 975/2003 - Tariff quota)

(2005/C 115/09)

Language of the case: Spanish

In Case C-342/03, application for annulment under Article 230 EC, brought on 4 August 2003, Kingdom of Spain (Agent: N. Díaz Abad) v Council of the European Union (Agents: M. Bishop and D. Canga Fano) supported by Commission of the European Communities (Agents: X. Lewis and R. Vidal Puig) — the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodrigues, M. Ilešič (Rapporteur) and E. Levits, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 10 March 2005, in which it:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the Kingdom of Spain to pay the costs, except those incurred by the Commission of the European Communities, which must bear its own costs. |
| --- | --- |

2.

Orders the Kingdom of Spain to pay the costs, except those incurred by the Commission of the European Communities, which must bear its own costs.

---

(1)  OJ C 226 of 20.09.2003.

1

---
Exhibit 32.1

        Certification under Section 906 of the Sarbanes-Oxley Act of 2002

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Henry E.
Gemino, as Chief Executive Officer and Chief Financial Officer, of Profile
Technologies, Inc., hereby certify that the Annual Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended, and that the information contained in the Annual Report fairly
presents, in all material respects, the financial condition and results of
operations of Profile Technologies, Inc.


                                           /s/ Henry E. Gemino
                                           -------------------------------------
                                           Henry E. Gemino
                                           Chief Executive Officer
                                           and
                                           Chief Financial Officer
July 2022

Natural Resources Conservation Service

Helping People Help the Land 

USDA is an equal opportunity provider, employer, and lender.

Conservation Practice Overview

Emergency Animal Mortality Management

(Code 368) 

A means or method for the management of animal

carcasses from catastrophic mortality events. 

Practice Information 

Emergency animal mortality management is applied to

reduce the impacts to surface and groundwater resources,

reduce the impacts of odors, and decrease the spread of

pathogens associated with catastrophic animal mortality. 

The on-farm methods for emergency disposal of catastrophic animal mortality are burial, composting,

incineration/gasification and open-air burning. Emergency mortality can also be rendered off-site or

disposed of at a Subtitle D landfill. Catastrophic mortality may be held in refrigeration units prior to

disposal. Because of the large number of dead animals normally encountered in a catastrophic

mortality situation, if refrigeration is used, it is likely that multiple units will be needed. 

Design information for this practice includes site location, design sizing, soil and foundation

assessments, and safety/biosecurity features. 

Operation requirements for the facility depend on the type of disposal method chosen by the producer

and will include provisions for proper disposal of residual material. Maintenance of mechanical

disposal equipment during emergency disposal is needed to ensure that the equipment operates as

designed. 

Common Associated Practices 

Emergency Animal Mortality Management (368) is commonly applied with practices such as Diversion

(362), and Critical Area Planting (342). Disposal of composted material and by-products from

incineration or gasification will be performed in accordance with the Nutrient Management (590)

practice. 

For further information, contact your local NRCS field office.
EXHIBIT 31.b

I, Marc N. Teal, certify that:

1. I have reviewed this quarterly report on Form 10-Q of BCTC IV Assignor Corp. (the "Assignor");
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;
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:



1. 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;
2. 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
3. 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



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



1. 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
2. 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.



|May 15, 2006 | /s/ Marc N. Teal                                     
|------------ | -----------------------------------------------------
|             | Marc N. Teal                                         
|             | (Principal Financial Officer), BCTC IV Assignor Corp.
|             |
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 Cach Foods, Inc. (the "Company") on Form
10-KSB  for  the period ended December 31, 2002 as filed with the Securities and
Exchange  Commission  on the date hereof (the "Report"), I, Kelly McBride, 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 to
the  best  of  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  result  of operations of the Company.




                         /s/Kelly  McBride
                         -------------------------
                         Kelly  McBride
                         Chief  Financial  Officer
                         March  27,  2003
**Conservation Practice Effects**

**Commonly Associated Practices:** Access Road , Agrichemical Handling Facility, Anaerobic Digester, Animal Trails and Walkways, Aquaculture Ponds, Composting Facility, Conservation Cover, Constructed Wetland, Critical Area Planting, Dam, Dam, Diversion, Dike, Diversion, Dry Hydrant, Dust Control on Unpaved Roads and Surfaces, Early Successional Habitat Development/Mgt., Grade Stabilization Structure, Grassed Waterway, Hillside Ditch, Integrated Pest Management, Land Reclamation, Abandoned Mined Land, Land Reclamation, Currently Mined Land, Land Reclamation, Landslide Treatment, Lined Waterway or Outlet, Mine Shaft & Adit Closing, Open Channel, Pond, Recreation Land Grading and Shaping, Rock Barrier, Roof Runoff Structure, Stream Crossing, Streambank and Shoreline Protection, Structure for Water Control, Subsurface Drain, Surface Drainage, Field Ditch, Surface Drainage, Main or Lateral, Terrace, Trails and Walkways, Tree/Shrub Establishment, Underground Outlet, Upland Wildlife Habitat Management, Vertical Drain, Waste Storage Facility, Waste Treatment Lagoon, Water and Sediment Control Basin, Watering Facility.

Note: This worksheet contains general talking points for the conservation planner to discuss with the land user.  It is the first step towards an economic or financial analysis.  The second step would include identifying a specific site for analysis at the farm or field level, editing the template for local conditions, adding units and quantities of farm inputs and outputs.  The third step in the economic analysis is to place a dollar value on as many variables as possible, put all units in the same time frame, using amortization ($/Acres/Year) or net present value ($/Acre), so benefits and costs can be compared.  The fourth and final step would be to combine several conservation practices into a conservation system, which is how most conservation practices are applied at the field level. Data for the worksheet comes from the land user, conservation planner, technical specialist and local agricultural supply vendors and contractors.  See Economics Technical Note: TN 200-ECN-1, Basic Economic Analysis Using T-Charts (August 2013) for more information.
**EXHIBIT 3.5**

**CERTIFICATE OF AMENDMENT OF THE AMENDED AND RESTATED BYLAWS**

CERTIFICATE OF AMENDMENT OF THE  AMENDED AND RESTATED BYLAWS OF GENSTAR THERAPEUTICS CORPORATION

        The Undersigned, being the Chief Executive Officer of GenStar Therapeutics Corporation, a Delaware corporation (the “Company”), hereby certifies that Section 3.2 of theAmended and Restated Bylaws of the Company was amended, effective July 20, 2001, by the Action by Unanimous Written Consent of the Board of Directors to provide in its entirety as follows:

        “3.2  NUMBER OF DIRECTORS.  The number of directors of the corporation shall be not less than three (3) nor more than seven (7).  The exact number ofdirectors shall be five (5) until changed, within the limits specified above, by a bylaw amending this Section 3.2, duly adopted by the board of directors or by the stockholders.  The indefinite number of directors may be changed, or a definitenumber may be fixed without provision for an indefinite number, by a duly adopted amendment to the certificate of incorporation or by an amendment to this bylaw duly adopted by the vote or written consent of the holders of a majority of the stockissued and outstanding and entitled to vote or by resolution of a majority of the board of directors.

        No reduction of the authorized number ofdirectors shall have the effect of removing any director before that director’s term of office expires.”

Date:  July 20, 2001

|   | /s/ Robert E. Sobol, M.D. |
|--------|---------------------------|
|   |                           |
|   | **Robert E. Sobol, M.D.** |
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EXHIBIT 31.b

I, Marc N. Teal, certify that:

1. I have reviewed this quarterly report on Form 10-Q of BCTC IV Assignor Corp. (the "Assignor");
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;
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:



1. 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;
2. 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
3. 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



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



1. 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
2. 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.



|May 13, 2005 | /s/ Marc N. Teal                                     
|------------ | -----------------------------------------------------
|             | Marc N. Teal                                         
|             | (Principal Financial Officer), BCTC IV Assignor Corp.
|             |
#### In re Guardianship of Sather, Incompetent: Riley, Respondent, vs. Estate of Sather, Slagsvold, General Guardian, Appellant.

For the appellant: *Alden Losby*and *Rams dell, King & Linderman,*all of Eau Claire.

For tire respondent: *W. H. Stafford*and *Harold E. Stafford,*both of Chippewa Falls.

*By the Coiort.*— Judgment affirmed.