alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Cathay Merchant Group, Inc. (the “Company”) hereby certifies, to such officer’s knowledge, that:
|   | (1) | the Quarterly Report on Form 10-QSB of the Company for the three month period ended June 30, 2007 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 
| Dated:  August 14, 2007 | By:  /s/ Michael J. Smith

Michael J. Smith    Principal Executive Officer, Principal Financial and     Principal Accounting Officer |
|-------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                    |                                                                                                                                                                         |

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Cathay Merchant Group, Inc. and will be retained by Cathay Merchant Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
REF ID:A63878 

LColooel Oill>ert c. Jaco'bU!I 

ntp.iv CamimnAant ad 

Mnctar 

~ 

tit Xnatruation 

Min>apment lohool 

fort hl'fOir I Vir&1JUa 

lllar 0111 

-

fc:R.l WN kt= to ~r J0Ur pl'OldM to .end Jlll9 the •wr.1.al about 70UI' HhOol. ru. letter t. ~~ to ~kJ1<r,., ... ,,.. reMipt °' tlle aterial and to-.;- t.?lat 1~1t 

~tel¥ t.o C..:t&l Oudne, Vbo eent it to 'ibe Cb1ef" ot cm'~ t>iviaion tor~. COIDQ!nt, P4 reca:rix;~at1Qn. 

1 th1mc l tol4 rou we h&Y9 two ot cur people QOV in •tten&ulco 

at tbe Jla:rYar4 bine•• lohool, tak1QS a f\al 1*1l''• oourH 

ln 'buline9• aaegement. 

All loon ... t mar from our frabdna Dlviaion t -.q w.nt 

to comn1mlcat. tu.rther with ;rou *°'1t ~ •cbool and Whether 

or l20t ve vill bl ui. to take a4vautaa• ot the •poc!al oppcrt'tuniti•• it atfor&a. 

@'pp roved for Release by NSA on 06-19-2014 pursuantto E .0. 1352a
#### The State ex rel. Collins, Appellant, *v.*Pokorny, Judge, Appellee.

[Cite as *State ex rel. Collins v. Pokorny*(1999), 86 Ohio St.3d 70.]

(No. 99-74

Submitted May 4, 1999

Decided July 7, 1999.)

*Larry Collins, pro se.*

*Per Curiam.*

Collins asserts in his propositions of law that the court of appeals erred in dismissing his procedendo action. For the following reasons, Collins’s assertion lacks merit.

As the court of appeals correctly held, Judge Pokorny had no duty to issue findings of fact and conclusions of law when he denied Collins’s Crim.R. 33 motion for a new trial. *State v. Girts*(1997), 121 Ohio App.3d 539, 565, 700 N.E.2d 395, 412; see, generally, *State ex rel. Grove v. Nadel*(1998), 81 Ohio St.3d 325, 326, 691 N.E.2d 275, 276.

*71In addition, *res judicata*barred Collins from raising the same issue that he had raised in his previous mandamus action. *Russell v. Mitchell*(1999), 84 Ohio St.3d 328, 329, 703 N.E.2d 1249.

Based on the foregoing, we affirm the judgment of the court of appeals.

*Judgment affirmed.*

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
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 TVI  Corporation  (the "Company") on
Form 10-Q for the period ending June 30, 2003 as filed with the  Securities  and
Exchange  Commission  on the date hereof (the  "Report"),I,  Richard V.  Priddy,
Chief Executive  Officer,  of the Company,  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.


/s/ Richard V. Priddy
    Chief Executive Officer
    November 11, 2003
Exhibit 23

                        Independent Accountants' Consent



The Board of Directors
WesterFed Financial Corporation:

We consent to  incorporation  by reference in the  registration  statement  (No.
33-85350) on Form S-8 of  WesterFed  Financial  Corporation  of our report dated
March 10,  2000,  relating  to the  consolidated  balance  sheets  of  WesterFed
Financial  Corporation  and  subsidiaries  as of December  31, 1999 and June 30,
1999, and the related  consolidated  statements of income,  stockholders' equity
and comprehensive  income,  and cash flows for the six months ended December 31,
1999 and for each of the years in the  three-year  period  ended June 30,  1999,
which  report  appears in the  December  31, 1999 annual  report on Form 10-K of
WesterFed Financial Corporation.


KPMG LLP
Billings, Montana

March 28, 2000
* Pursuant to Local Rule 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 Local Rule 47.5.4. 

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 95-60655

(Summary Calendar)

_________________

DONALD E BOOKER,

Plaintiff-Appellant,

versus

SHIRLEY S CHATER, COMMISSIONER OF SOCIAL

SECURITY,

Defendant-Appellee.

Appeal from the United States District Court

For the Southern District of Mississippi

July 2, 1996

Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Plaintiff Donald E. Booker appeals the district court’s order

affirming the decision of the Commissioner of Social Security

(“Commissioner”) denying Brooker’s claim for Social Security

disability insurance benefits. Having carefully reviewed the

record, we find that the Commissioner’s decision was supported by
-2-

substantial evidence and comports with relevant legal standards.

We affirm, substantially for the reasons stated in the district

court’s memorandum opinion. See Booker v. Chater, No. 3:94-CV689WS (S.D. Miss. Sep. 25, 1995).

AFFIRMED
* 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. 99-10879 Conference Calendar

LUTHER BIRL SNEED, JR., Plaintiff-Appellant,

versus NFN HULVEY, Captain; NFN DENTON, Library Attendant; NFN TARRANT COUNTY OFFICIALS, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:98-CV-1076

- - - - - - - - - - February 16, 2000 Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Luther Birl Sneed, Jr., Texas prisoner # 699758, has filed a motion for leave to proceed in forma pauperis (IFP) on appeal, following the dismissal of his complaint pursuant to 28 U.S.C. § 1915A(b)(1). By moving for IFP status, Sneed is challenging the district court’s certification that IFP status should not be granted on appeal because his appeal is not taken in good faith.
See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997).No. 99-10879 - 2 - Sneed’s brief does not provide any argument that the district court erred in dismissing his complaint under § 1915A(b)(1) on the ground that it was frivolous, malicious, or failed to state a claim. He states only that he “was not allowed to confront the defendants” and that the case was being dismissed because he was indigent and a pauper. Even a pro se appellant must brief an issue to preserve it for appellate review. Yohey v. Collins , 985 F.2d 222, 225 (5th Cir. 1993). Accordingly, we uphold the district court’s order certifying that the appeal was not taken in good faith. Sneed’s request for IFP status is DENIED, and his appeal is DISMISSED as frivolous. See Baugh , 117 F.3d at 202 & n.24; 5 TH C IR . R. 42.2. Sneed’s motions for excusable neglect and to remove sanctions are inapplicable to this appeal. We have reviewed the record, and it confirms that the district court did not impose sanctions in the instant case. These motions are DENIED. The district court’s dismissal of Sneed’s § 1983 action under § 1915A(b)(1) counts as a “strike” for purposes of 28 U.S.C. § 1915(g), and the dismissal of this appeal as frivolous also counts as a “strike” for purposes of § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 385-87 (5th Cir. 1996). Sneed is warned that if he accumulates a third “strike” pursuant to § 1915(g), he may not proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See § 1915(g).
MOTIONS DENIED; APPEAL DISMISSED; SANCTIONS WARNING ISSUED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE YEAR ENDED 12/31/99 AND IS QUALIFIED IN ITS
ENTIRETY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,588,187
<SECURITIES>                                19,905,929
<RECEIVABLES>                                2,027,707
<ALLOWANCES>                                 (152,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                            24,316,030
<PP&E>                                       8,015,729
<DEPRECIATION>                             (3,399,057)
<TOTAL-ASSETS>                              29,217,175
<CURRENT-LIABILITIES>                        3,420,661
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,105
<OTHER-SE>                                  25,465,929
<TOTAL-LIABILITY-AND-EQUITY>                29,217,175
<SALES>                                      8,445,535
<TOTAL-REVENUES>                             8,445,535
<CGS>                                        9,081,269
<TOTAL-COSTS>                                9,081,269
<OTHER-EXPENSES>                                64,713
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             958,852
<INCOME-PRETAX>                           (13,829,234)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (13,829,234)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              (885,407)
<CHANGES>                                            0
<NET-INCOME>                              (14,714,641)
<EPS-BASIC>                                     (2.10)
<EPS-DILUTED>                                   (2.10)


</TABLE>
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REF ID:A67867 

Records Ot.t'icer 

AG OOHS 26 Nov 52 

With reference to Records Management Memorandum Humber 1 1 dated 20 November, 

Miss E. B. Young is hereby designated Records Otticer tor the Office of the 

Consultant. 

WILLIAM F. FRIEDMAN 

Consultant 

@'pp roved for Release by NSA on O 1-07-2015 pursuantto E .0. 1352a
' 

' 

Mr. Willi• P. fr18l'lmen 

310 Second street, s. •. 

Washington 31 I>. C. 

REF ID:A68788 

30 3w:a9 1959 

In mecordance vlth Ot.IJ' cOJive.reation, attaahed 1• a 

Neeipt tor the material Vh1cb wu rece1'Wl4 frail YoUt at 

70ur homf), on 26 June 1959· 

Xnclu· 

118.A. • 1295A (1 ey) 

@'pproved for Release by NSA on 06-11-2014 pursuantto E.O. 1352a 

•
Exhibit 32

CERTIFICATION OF CEO AND CFO PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

§ 906 OF
THE SARBANES-OXLEY ACT OF 2002

In connection with the Form 10-Q of Xerox Credit Corporation, a Delaware corporation (the Company), for the
quarter ending March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), Gary R. Kabureck, President and Chief Executive Officer of the Company, and John F. Rivera, Vice President,
Treasurer and Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his/her knowledge, 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ GARY R. KABURECKGary R. KabureckChief Executive OfficerMay 8, 2006/s/ JOHN F. RIVERAJohn F. RiveraChief Financial OfficerMay 8, 2006


This certification accompanies this Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and
shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by § 906 has been provided to Xerox Credit Corporation and will be retained by Xerox Credit Corporation and furnished to the Securities and Exchange Commission
or its staff upon request.



23
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997             SEP-30-1997
<PERIOD-END>                               JUN-30-1997             MAR-31-1997
<CASH>                                       2,645,000               1,249,000
<SECURITIES>                                 3,680,000               3,632,000
<RECEIVABLES>                                8,454,000               7,240,000
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                            15,072,000              12,398,000
<PP&E>                                      55,225,000              54,396,000
<DEPRECIATION>                            (25,550,000)            (23,697,000)
<TOTAL-ASSETS>                              44,747,000              43,097,000
<CURRENT-LIABILITIES>                        3,182,000               3,001,000
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                     1,400,000               1,400,000
<OTHER-SE>                                           0                       0
<TOTAL-LIABILITY-AND-EQUITY>                36,220,000              34,719,000
<SALES>                                     34,304,000              21,784,000
<TOTAL-REVENUES>                            34,304,000              21,784,000
<CGS>                                       29,348,000              19,150,000
<TOTAL-COSTS>                               29,348,000              19,150,000
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                           (341,000)               (230,000)
<INCOME-PRETAX>                              4,993,000               2,687,000
<INCOME-TAX>                               (1,745,000)               (940,000)
<INCOME-CONTINUING>                          3,248,000               1,747,000
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 3,248,000               1,747,000
<EPS-PRIMARY>                                      .78                     .42
<EPS-DILUTED>                                      .77                     .42
        

</TABLE>
<PAGE>

                                                                     EXHIBIT 5.1

                            -----------------------
                        TESTA, HURWITZ & THIBEAULT, LLP
                            -----------------------
                               ATTORNEYS AT LAW

                                125 HIGH STREET
                       BOSTON, MASSACHUSETTS 02110-2704
OFFICE (617) 248-7000                                        FAX (617) 248-7100


                                             June 29, 1999

Candela Corporation
530 Boston Post Road
Wayland, MA 01778

    RE:  Registration Statement on Form S-1 (No. 333-78339)
         Relating to 2,580,000 Shares of Common Stock
         -------------------------------------------------

Dear Sir or Madam:

    This opinion relates to an aggregate of 2,580,000 shares of Common Stock,
par value $.01 per share (the "Common Stock"), of Candela Corporation (the
"Company"), which are the subject matter of a Registration Statement on Form
S-1 (No. 333-78339) filed with the Securities and Exchange Commission on May 12,
1999 and amended on June 18, 1999 (the "Registration Statement").

    The 2,580,000 shares of Common Stock covered by the Registration Statement
are being sold by the Company and include 387,000 shares subject to an
over-allotment option granted by the Company to the underwriters to be named in
the prospectus (the "Prospectus") included in the Registration Statement.

    Based upon such investigation as we have deemed necessary, we are of the
opinion that when the shares of Common Stock to be sold by the Company and the
selling stockholders pursuant to the terms described in the Prospectus, such
shares of Common Stock will have been duly authorized, validly issued and will
be fully paid and nonassessable.

    We hereby consent to the filing of this opinion as Exhibit 5.1 to the
Registration Statement and to the reference to our firm in the Prospectus under
the caption "Legal Matters."


                                        Very truly yours,


                                        /s/ Testa, Hurwitz & Thibeault, LLP
                                        TESTA, HURWITZ & THIBEAULT, LLP